[1911 C&P § 363; RL § 6628; NCL § 10313]—(Substituted in revisionfor NRS 205.040) A person who willfully and maliciouslysets fire to or burns or causes to be burned, or who aids, counsels orprocures the burning of any:

1. Dwelling house or other structure or mobile home, whetheroccupied or vacant; or

2. Personal property which is occupied by one or more persons,

Ê whether the property of himself or of another, is guilty of arson inthe first degree which is a category B felony and shall be punished byimprisonment for a minimum term of not less than 2 years and a maximumterm of not more than 15 years, and may be further punished by a fine ofnot more than $15,000.

[1911 C&P § 359; A 1927, 228; 1943, 181; 1943 NCL § 10307]—(NRS A1967, 493; 1975, 916; 1979, 1439; 1987, 1475; 1995, 1213) A person who willfully and maliciouslysets fire to or burns or causes to be burned, or who aids, counsels orprocures the burning of any abandoned building or structure, whether theproperty of himself or of another, is guilty of arson in the seconddegree which is a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and amaximum term of not more than 10 years, and may be further punished by afine of not more than $10,000.

1. A person who willfully and maliciously attempts to set fire toor attempts to burn or to aid, counsel or procure the burning of any ofthe buildings or property mentioned in NRS 205.010 , 205.015 and205.020 , or who commits any actpreliminary thereto or in furtherance thereof, is guilty of arson in thefourth degree which is a category D felony and shall be punished asprovided in NRS 193.130 , and may befurther punished by a fine of not more than $5,000.

2. In any prosecution under this section the placing ordistributing of any inflammable, explosive or combustible material orsubstance, or any device in any building or property mentioned in NRS205.010 , 205.015 and 205.020 ,in an arrangement or preparation eventually to set fire to or burn thebuilding or property, or to procure the setting fire to or burning of thebuilding or property, is prima facie evidence of a willful attempt toburn or set on fire the property.

[1911 C&P § 361 1/2; added 1927, 228; A 1943, 181; 1943 NCL §10311]—(NRS A 1967, 493; 1979, 1439; 1995, 1214) A person who willfully and withthe intent to injure or defraud the insurer sets fire to or burns orattempts to set fire to or burn, or who causes to be burned or who aids,counsels or procures the burning of any building, structure or personalproperty of whatsoever class or character, whether the property ofhimself or of another, which is at the time insured by any person,company or corporation against loss or damage by fire, is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, and may be further punished by a fine of not morethan $5,000. In addition to any other penalty, the court shall order theperson to pay restitution.

2. The costs of providing police and fire services related to thecrime; or

3. The costs of the investigation and prosecution of the crime,

Ê or any combination of subsections 1, 2 and 3.

(Added to NRS by 1989, 964) Whenever any building or structurewhich may be the subject of arson in either the first or second degreeshall be so situated as to be manifestly endangered by any fire and shallsubsequently be set on fire thereby, any person participating in settingsuch fire shall be deemed to have participated in setting such buildingor structure on fire.

[1911 C&P § 364; RL § 6629; NCL § 10314] To constitute arson it shallnot be necessary that another person than the defendant should have hadownership in the building or structure set on fire.

[1911 C&P § 365; RL § 6630; NCL § 10315] Any willfulpreparation made by any person with a view to setting fire to anybuilding or structure shall be deemed to be an attempt to commit thecrime of arson, and shall be punished as such.

2. Except as otherwise provided in this section, a personconvicted of burglary is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years, and may befurther punished by a fine of not more than $10,000. A person who isconvicted of burglary and who has previously been convicted of burglaryor another crime involving the forcible entry or invasion of a dwellingmust not be released on probation or granted a suspension of his sentence.

3. Whenever a burglary is committed on a vessel, vehicle, vehicletrailer, semitrailer, house trailer, airplane, glider, boat or railroadcar, in motion or in rest, in this State, and it cannot with reasonablecertainty be ascertained in what county the crime was committed, theoffender may be arrested and tried in any county through which thevessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane,glider, boat or railroad car traveled during the time the burglary wascommitted.

4. A person convicted of burglary who has in his possession orgains possession of any firearm or deadly weapon at any time during thecommission of the crime, at any time before leaving the structure or uponleaving the structure, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 15 years, and maybe further punished by a fine of not more than $10,000.

1. A person who, by day or night, forcibly enters an inhabiteddwelling without permission of the owner, resident or lawful occupant,whether or not a person is present at the time of the entry, is guilty ofinvasion of the home.

2. A person convicted of invasion of the home is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and may be further punished by a fine of not morethan $10,000. A person who is convicted of invasion of the home and whohas previously been convicted of burglary or invasion of the home mustnot be released on probation or granted a suspension of his sentence.

3. Whenever an invasion of the home is committed on a vessel,vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider,boat or railroad car, in motion or in rest, in this State, and it cannotwith reasonable certainty be ascertained in what county the crime wascommitted, the offender may be arrested and tried in any county throughwhich the conveyance, vessel, boat, vehicle, house trailer, traveltrailer, motor home or railroad car traveled during the time the invasionwas committed.

4. A person convicted of invasion of the home who has in hispossession or gains possession of any firearm or deadly weapon at anytime during the commission of the crime, at any time before leaving thestructure or upon leaving the structure, is guilty of a category B felonyand shall be punished by imprisonment in the state prison for a minimumterm of not less than 2 years and a maximum term of not more than 15years, and may be further punished by a fine of not more than $10,000.

5. As used in this section:

(a) “Forcibly enters” means the entry of an inhabited dwellinginvolving any act of physical force resulting in damage to the structure.

(Added to NRS by 1989, 1452; A 1995, 1215) Every person who, in the commission of aburglary or invasion of the home, commits any other crime, may beprosecuted for each crime separately.

[1911 C&P § 371; RL § 6636; NCL § 10321]—(NRS A 1989, 1453)

1. A person who, with the intent to commit a crime, breaks andenters, either by day or by night, any building whether inhabited or not,and opens or attempts to open any vault, safe or other secure place byuse of nitroglycerine, dynamite, gunpowder or any other explosive, isguilty of burglary with explosives.

2. A person convicted of burglary with explosives is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 2 years and a maximum term ofnot more than 15 years.

1. Every person who makes or mends or causes to be made or mended,or has in his possession in the day or nighttime, any engine, machine,tool, false key, picklock, bit, nippers or implement adapted, designed orcommonly used for the commission of burglary, invasion of the home,larceny or other crime, under circumstances evincing an intent to use oremploy, or allow the same to be used or employed in the commission of acrime, or knowing that the same is intended to be so used, shall beguilty of a gross misdemeanor.

2. The possession thereof except by a mechanic, artificer ortradesman at and in his established shop or place of business, open topublic view, shall be prima facie evidence that such possession was hadwith intent to use or employ or allow the same to be used or employed inthe commission of a crime.

[1911 C&P § 372; RL § 6637; NCL § 10322]—(NRS A 1989, 1453)

THEFT As used in NRS 205.0821 to 205.0835 , inclusive, unless the context otherwiserequires, the words and terms defined in NRS 205.0822 to 205.0831 , inclusive, have the meanings ascribed tothem in those sections.

(Added to NRS by 1989, 1203) “Control” means to act so as toprevent a person from using his own property except on the actor’s terms.

(Added to NRS by 1989, 1204) “Deprive” means to withhold aproperty interest of another person permanently or for so long a timethat a substantial portion of its value, usefulness or enjoyment is lost,or to withhold it with the intent to restore it only upon the payment ofa reward or other compensation, or to transfer or dispose of it so thatit is unlikely to be recovered.

(Added to NRS by 1999, 2703 ) “Issue” means to deliver or causeto be delivered a check to a person who by that delivery acquires a rightagainst the drawer of the check. A person who draws a check with intentthat it be so delivered shall be deemed to have issued it if the deliveryoccurs.

(Added to NRS by 1989, 1204) “Obtain” means to bring about orreceive the transfer of any interest in property, or to secureperformance of a service.

(Added to NRS by 1989, 1204) “Property ofanother person” means real, personal or intangible property in which anyperson other than the defendant has an interest which the defendant isnot privileged to infringe, including, without limitation, property inwhich the defendant also has an interest, notwithstanding that the otherperson might be precluded from civil recovery because the property wasused in an unlawful transaction or was subject to forfeiture ascontraband. Property in the possession of the defendant in which anotherperson has only a security interest shall be deemed not to be theproperty of that other person, even if that person holds legal title tothe property pursuant to a security agreement.

(Added to NRS by 1989, 1204; A 1999, 2706 ) “Services” includes labor,professional services, transportation, cable television, telephone, gasor electricity services, accommodations in hotels, restaurants, leasedpremises or elsewhere, admissions to exhibitions and the use of vehiclesor other movable property.

(Added to NRS by 1989, 1204) “Transfer” means to change thepossession or control of property.

(Added to NRS by 1989, 1204) “Value” means the fair market valueof the property or services at the time of the theft. The value of awritten instrument which does not have a readily ascertainable marketvalue is the greater of the face amount of the instrument less theportion satisfied or the amount of economic loss to the owner of theinstrument resulting from the deprivation of the instrument. The trier offact shall determine the value of all other property whose value is notreadily ascertainable, and may, in making that determination, considerall relevant evidence, including evidence of the value of the property toits owner.

(a) Controls any property of another person with the intent todeprive that person of the property.

(b) Converts, makes an unauthorized transfer of an interest in, orwithout authorization controls any property of another person, or usesthe services or property of another person entrusted to him or placed inhis possession for a limited, authorized period of determined orprescribed duration or for a limited use.

(c) Obtains real, personal or intangible property or the servicesof another person by a material misrepresentation with intent to deprivethat person of the property or services. As used in this paragraph,“material misrepresentation” means the use of any pretense, or the makingof any promise, representation or statement of present, past or futurefact which is fraudulent and which, when used or made, is instrumental incausing the wrongful control or transfer of property or services. Thepretense may be verbal or it may be a physical act.

(d) Comes into control of lost, mislaid or misdelivered property ofanother person under circumstances providing means of inquiry as to thetrue owner and appropriates that property to his own use or that ofanother person without reasonable efforts to notify the true owner.

(e) Controls property of another person knowing or having reason toknow that the property was stolen.

(f) Obtains services or parts, products or other items related tosuch services which he knows are available only for compensation withoutpaying or agreeing to pay compensation or diverts the services of anotherperson to his own benefit or that of another person without lawfulauthority to do so.

(g) Takes, destroys, conceals or disposes of property in whichanother person has a security interest, with intent to defraud thatperson.

(h) Commits any act that is declared to be theft by a specificstatute.

(i) Draws or passes a check, and in exchange obtains property orservices, if he knows that the check will not be paid when presented.

(j) Obtains gasoline or other fuel or automotive products which areavailable only for compensation without paying or agreeing to paycompensation.

2. A person who commits an act that is prohibited by subsection 1which involves the repair of a vehicle has not committed theft unless,before the repair was made, he received a written estimate of the cost ofthe repair.

2. A criminal charge of theft may be supported by evidence that anact was committed in any manner that constitutes theft pursuant to NRS205.0821 to 205.0835 , inclusive, notwithstanding the specificationof a different manner in the indictment or information, subject to thepower of the court to ensure a fair trial by granting a continuance orother appropriate relief if it determines that, in a specific case,strict application of the provisions of this subsection would result inprejudice to the defense by lack of fair notice or by surprise.

(Added to NRS by 1989, 1205)

The amount involved in a theft shall be deemed to be the highest value,by any reasonable standard, of the property or services which areobtained. Amounts involved in thefts committed pursuant to a scheme orcontinuing course of conduct, whether from one or more persons, may beaggregated in determining the grade of the offense.

(Added to NRS by 1989, 1205)

1. Unless a greater penalty is imposed by a specific statute, aperson who commits theft in violation of any provision of NRS 205.0821 to 205.0835 , inclusive, shall be punished pursuant to theprovisions of this section.

2. If the value of the property or services involved in the theftis less than $250, the person who committed the theft is guilty of amisdemeanor.

3. If the value of the property or services involved in the theftis $250 or more but less than $2,500, the person who committed the theftis guilty of a category C felony and shall be punished as provided in NRS193.130 .

4. If the value of the property or services involved in the theftis $2,500 or more, the person who committed the theft is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.

5. In addition to any other penalty, the court shall order theperson who committed the theft to pay restitution.

(Added to NRS by 1989, 1205; A 1995, 1216; 1997, 340)

FORGERY, COUNTERFEITING AND ISSUANCE OF CHECK OR DRAFT WITH INTENT TODEFRAUD

1. Within the provisions of this chapter relating to forgery orother offense, a “written instrument,” or a “writing,” or a “paper,”shall include an instrument partly written and partly printed or whollyprinted with a written signature thereto, or any signature or writingpurporting to be a signature of or intended to bind an individual,partnership, corporation or association or an officer thereof.

2. The words “forge,” “forgery,” “forged,” and “forging,” shallinclude false making, “counterfeiting” and the alteration, erasure orobliteration of a genuine instrument in whole or in part, the falsemaking or counterfeiting of the signature of a party or witness, real orfictitious, and the placing or connecting together with intent todefraud, of different parts or the whole of several genuine instruments.

3. A plate is in the “form and similitude,” of the genuineinstrument forged, if the finished parts of the engraving thereupon shallresemble or conform to the similar parts of the genuine instrument.

4. A plate, label, trademark, term, design, device or form ofadvertisement is in the form and similitude of the genuine instrumentimitated if the finished parts of the engraving thereupon shall resembleor conform to the similar parts of the genuine instrument.

[1911 C&P § 408; RL § 6673; NCL § 10360] + [1911 C&P § 429; RL §6694; NCL § 10381] A person who falsely makes, alters, forges or counterfeitsany record, or other authentic matter of a public nature, or any charter,letters patent, deed, lease, indenture, writing obligatory, will,testament, codicil, annuity, bond, covenant, bank bill or note, postnote, check, draft, bill of exchange, contract, promissory note,traveler’s check, money order, due bill for the payment of money orproperty or for the payment of any labor claim, receipt for money orproperty, power of attorney, any auditor’s warrant for the payment of themoney at the treasury, county order or warrant, or request for thepayment of money, or the delivery of goods or chattels of any kind, orfor the delivery of any instrument of writing, or acquittance, release,or receipt for money, goods, or labor claim, or any acquittance, release,or discharge for any debt, account, suit, action, demand, or other thing,real or personal, or any transfer or assurance of money, stock, goods,chattels, or other property whatever, or any letter of attorney, or otherpower to receive money, or to receive or transfer stock or annuities, orto let, lease, dispose of, alien or convey any goods or chattels, landsor tenements, or other estate, real or personal, or any acceptance orendorsement of any bill of exchange, promissory note, draft, order orassignment of any bond, writing obligatory, or promissory note, for moneyor other property, or any order, writ or process lawfully issued by anycourt or public officer, or any document or paper recorded or filed inany court or with any public officer, or in the Senate or Assembly, orcounterfeits or forges the seal or handwriting of another, with theintent to damage or defraud any person, body politic or corporate,whether the person, body politic or corporate, resides in or belongs tothis State or not, or utters, publishes, passes or attempts to pass, astrue and genuine, any of the above-named false, altered, forged orcounterfeited matters, as above specified and described, knowing it to befalse, altered, forged or counterfeited with the intent to prejudice,damage or defraud any person, body politic or corporate, whether theperson, body politic or corporate, resides in this State or not, isguilty of forgery, and shall be punished for a category D felony asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

2. Fail to make a true entry of any material matter in any publicrecord or account; or

3. Forge any letter or written communication or copy or purportedcopy thereof, or send or deliver, or connive at the sending or deliveryof any false or fictitious telegraph message or copy or purported copythereof, whereby or wherein the sentiments, opinions, conduct, character,purpose, property, interests or rights of any person shall bemisrepresented or may be injuriously affected, or knowing any suchletter, communication or message or any copy or purported copy thereof tobe false, shall utter or publish the same or any copy or purported copythereof as true,

Ê shall be guilty of forgery and be punished as provided in NRS 205.090.

[1911 C&P § 399; RL § 6664; NCL § 10351]

1. Every person who makes, passes, utters or publishes, with anintention to defraud any person or persons, body politic or corporate,either in this state or elsewhere, or with the like intention attempts topass, utter or publish any fictitious bill, note or check purporting tobe the bill, note or check, or other instrument in writing, for thepayment of money or property of some bank, corporation, copartnership orindividual, when in fact there is no such bank, corporation,copartnership or individual in existence, the person knowing the bill,note, check or instrument in writing for the payment of money or propertyor any labor claim or claims to be fictitious, is guilty of forgery, andshall be punished as provided in NRS 205.090 .

2. Whenever the note, bill, check or other instrument in writingis drawn upon any bank, proof that the purported drawer had no account atthe bank shall be deemed sufficient evidence to sustain the allegation ofthe nonexistence of the drawer of such instrument.

[1911 C&P § 400; A 1915, 15; 1941, 308; 1931 NCL § 10352]—(NRS A1967, 495; 1979, 1441; 1997, 1184) The false making or forging of an instrument orwriting purporting to have been issued by or in behalf of a corporationor association, state or government and bearing the pretended signatureof any person therein falsely indicated as an agent or officer of suchcorporation, association, state or government, is forgery the same as ifthat person were in truth such officer or agent of such corporation,association, state or government.

[1911 C&P § 401; RL § 6666; NCL § 10353] Every personwho, knowing the same to be forged or altered, and with intent todefraud, shall utter, offer, dispose of or put off as true, or have inhis possession with intent so to utter, offer, dispose of or put off anyforged writing, instrument or other thing, the false making, forging oraltering of which is punishable as forgery, shall be guilty of forgerythe same as if he had forged the same.

[1911 C&P § 402; RL § 6667; NCL § 10354] Whenever the false making or uttering of anyinstrument or writing is forgery, every person who, with intent todefraud, shall offer, dispose of or put off such an instrument or writingsubscribed or endorsed in his own name or that of any other person,whether such signature be genuine or fictitious, under the pretense thatsuch subscription or endorsement is the act of another person of the samename, or that of a person not in existence, shall be deemed guilty offorgery and shall be punished accordingly.

[1911 C&P § 403; RL § 6668; NCL § 10355] A person who is authorized to take a proof or acknowledgment ofan instrument which by law may be recorded, who willfully certifiesfalsely that the execution of the instrument was acknowledged by anyparty thereto, or that the execution thereof was proved, is guilty of acategory D felony, and shall be punished as provided in NRS 193.130.

[1911 C&P § 404; RL § 6669; NCL § 10356]—(NRS A 1995, 1217) Everyperson who shall willfully sign the name of another person or of afictitious person to or for any consideration, gratuity or reward shallsign his own name to or withdraw his name from any referendum or otherpetition circulated in pursuance of any law of this State or anymunicipal ordinance; or in signing his name to such petition shallwillfully subscribe to any false statement concerning his age,citizenship, residence or other qualifications to sign the same; orknowing that any such petition contains any such false or wrongfulsignature or statement shall file the same, or put the same off withintent that it should be filed, as a true and genuine petition, shall beguilty of a misdemeanor.

[1911 C&P § 405; RL § 6670; NCL § 10357]

1. Except as otherwise provided in this subsection and subsections2 and 3, a person who willfully, with an intent to defraud, draws orpasses a check or draft to obtain:

(a) Money;

(b) Delivery of other valuable property;

(c) Services;

(d) The use of property; or

(e) Credit extended by any licensed gaming establishment,

Ê drawn upon any real or fictitious person, bank, firm, partnership,corporation or depositary, when the person has insufficient money,property or credit with the drawee of the instrument to pay it in fullupon its presentation, is guilty of a misdemeanor. If that instrument, ora series of instruments passed in the State during a period of 90 days,is in the amount of $250 or more, the person is guilty of a category Dfelony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the courtshall order the person to pay restitution.

2. A person who was previously convicted three times of amisdemeanor under the provisions of this section, or of an offense of asimilar nature, in this State or any other state, or in a federaljurisdiction, who violates this section is guilty of a category D felonyand shall be punished as provided in NRS 193.130 . In addition to any other penalty, the courtshall order the person to pay restitution.

3. A person who willfully issues any check or draft for thepayment of wages in excess of $250, when the person knows he hasinsufficient money or credit with the drawee of the instrument to pay theinstrument in full upon presentation is guilty of a gross misdemeanor.

4. For the purposes of this section, “credit” means an arrangementor understanding with a person, firm, corporation, bank or depositary forthe payment of a check or other instrument.

1. In a criminal action for issuing a check or draft againstinsufficient or no funds with intent to defraud, that intent and theknowledge that the drawer has insufficient money, property or credit withthe drawee is presumed to exist if:

(a) The instrument is drawn on a purported account which does notexist.

(b) Payment of the instrument is refused by the drawee when it ispresented in the usual course of business, unless within 5 days afterreceiving notice of this fact from the drawee or the holder, the drawerpays the holder of the instrument the full amount due plus any handlingcharges.

(c) Notice of refusal of payment, sent to the drawer by registeredor certified mail at an address printed or written on the instrument, isreturned because of nondelivery.

2. If a complainant causes a criminal action to be commenced forissuing a check or draft with intent to defraud and refuses to testify inthe action, he is presumed to have acted maliciously and without probablecause.

(Added to NRS by 1979, 1010; A 1993, 145)

1. A notice in boldface type which is clearly legible and is insubstantially the following form must be posted in a conspicuous place inevery principal and branch office of every bank and in every place ofbusiness in which retail selling is conducted:

The issuance of a check or draft without sufficient money or withintent to defraud is punishable by imprisonment in the county jail fornot more than 6 months, or by a fine of not more than $1,000, or by bothfine and imprisonment, and the issuance of such a check or draft in anamount of $250 or more or by a person who previously has been convictedthree times of this or a similar offense is punishable as a category Dfelony as provided in NRS 193.130 .

2. Failure of the owner, operator or manager of a bank or otherplace of business to post the sign required by this section is not adefense to charge of a violation of NRS 205.130 .

A person who has in his possession, or receives from any other person,any forged promissory note, traveler’s check or money order, or bankbill, or bill for the payment of money or property, with the intention topass it, or to permit, cause, or procure it to be uttered or passed, withthe intention to defraud any person, body politic or corporate, whetherthe person, body politic or corporate, resides in or belongs to thisstate or not, knowing it to be forged or counterfeited, or has or keepsin his possession any blank or unfinished note, traveler’s check, moneyorder or bank bill, made in the form or similitude of any promissory noteor bill for payment of money or property, made to be issued by anyperson, company, partnership or corporation, with the intention to fillup and complete the blank and unfinished note or bill, or to permit, orcause, or procure it to be filled up and completed in order to utter orpass it, or to permit, or cause, or procure it to be uttered and passedto defraud any person, body politic or corporate, whether in this stateor elsewhere, is guilty of a category C felony and shall be punished asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

[1911 C&P § 417; RL § 6682; NCL § 10369]—(NRS A 1967, 497; 1973,174; 1979, 1442; 1995, 1218) Onthe trial of any person for forging any bill or note purporting to be thebill or note of some incorporated company or bank, or for passing orattempting to pass, or having in possession with intent to pass, any suchforged bill or note, it shall not be necessary to prove the incorporationof such bank or company by the charter or act of incorporation, but thesame may be proved by general reputation.

(a) Fraudulently forges or counterfeits the Seal of this State, orthe seal of any court or public officer by law entitled to have and use aseal, or the seal of any corporation, and makes use of the seal;

(b) Forges or counterfeits the signature of any public officer, orseal of any corporation;

(c) Unlawfully and corruptly, and with evil intent, affixes a trueseal to any commission, deed, warrant, pardon, certificate or otherwriting; or

(d) Has in his possession or custody a counterfeit seal, andwillfully conceals it, knowing it to be falsely made and counterfeited,

Ê is guilty of a category D felony and shall be punished as provided inNRS 193.130 .

2. A person who manufactures or knowingly sells or possesses acounterfeit badge or identification of any law enforcement agency isguilty of a gross misdemeanor.

[1911 C&P § 420; RL § 6685; NCL § 10372]—(NRS A 1967, 497; 1979,1442; 1989, 1670; 1995, 1219) A person who counterfeits any kind orspecies of gold dust, silver, gold, bullion or bars, lumps, pieces, ornuggets of gold or silver, or any description of uncoined gold or silvercurrently passing in this state, or alters or puts off any kind ofuncoined gold or silver mentioned in this section, for the purpose ofdefrauding any person, body politic or corporate, or makes any instrumentfor counterfeiting any kind of uncoined gold or silver as aforesaid,knowing the purpose for which the instrument was made, or knowingly hasin his possession and secretly keeps any instrument for the purpose ofcounterfeiting any kind of uncoined gold or silver as aforesaid, isguilty of a category C felony and shall be punished as provided in NRS193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

[1911 C&P § 421; RL § 6686; NCL § 10373]—(NRS A 1967, 497; 1979,1442; 1995, 1219) A person who has in his possession, or receives for anyother person, any counterfeit gold dust, silver, gold, bullion or bars,lumps, pieces, or nuggets of gold or silver, or any descriptionwhatsoever of uncoined gold or silver currently passing in this state, orentering in anywise into the circulating medium of the state, withintention to utter, put off, or pass it, or permit, cause, or procure itto be uttered or passed, with the intention to defraud any person, bodypolitic or corporate, knowing it to be counterfeit, is guilty of acategory C felony and shall be punished as provided in NRS 193.130 .

[1911 C&P § 422; RL § 6687; NCL § 10374]—(NRS A 1967, 498; 1979,1443; 1995, 1220) Every person whoshall knowingly and willfully forge or counterfeit, or cause or procureto be forged or counterfeited, upon any goods, wares or merchandise, theprivate stamps or labels of any mechanic or manufacturer, with intent todefraud the purchasers or manufacturers of any goods, wares ormerchandise whatsoever, shall, on conviction thereof, be deemed guilty ofa misdemeanor.

[1911 C&P § 424; RL § 6689; NCL § 10376]—(NRS A 1967, 498) Any person who shallsell any goods, wares or merchandise having thereon any forged orcounterfeit stamps or labels, purporting to be the stamps or labels ofany mechanic or manufacturer, knowing the same to be forged orcounterfeited, without disclosing the fact to the purchaser, shall, onconviction thereof, be deemed guilty of a misdemeanor.

[1911 C&P § 425; RL § 6690; NCL § 10377]—(NRS A 1967, 498) Every person whoshall use or display or have in his possession with intent to use ordisplay the genuine label, trademark, term, design, device, or form ofadvertisement of any person, corporation, association or union lawfullyfiled for record according to law of the State, or the exclusive right touse which is guaranteed to any person, corporation, association or unionby the laws of the United States, or of this State, without the writtenauthority of such person, corporation, association or union, or who shallwillfully forge or counterfeit or use or display or have in hispossession with intent to use or display any representation, likeness,similitude, copy or imitation of any genuine label, trademark, term,design, device, or form of advertisement, so filed or protected, or anydie, plate, stamp or other device for manufacturing the same, shall beguilty of a misdemeanor.

[1911 C&P § 426; RL § 6691; NCL § 10378]—(NRS A 1967, 498)

1. A person shall not knowingly sell, display or advertise, orhave in his possession with intent to sell, any goods, wares,merchandise, mixture, preparation or compound having affixed thereto anylabel, trademark, term, design, device or form of advertisement lawfullyfiled for record in the office of the Secretary of State by any person,corporation, association or union, or the exclusive right to the use ofwhich is guaranteed to the person, corporation, association or unionunder the laws of the United States, if the label, trademark, term,design, device or form of advertisement has been used or affixed theretowithout the written authority of the person, corporation, association orunion, or having affixed thereto any forged or counterfeitrepresentation, likeness, similitude, copy or imitation thereof.

2. Except as otherwise provided in subsection 3, a violation ofthe provisions of subsection 1 is a misdemeanor.

3. A violation of the provisions of subsection 1 is:

(a) A category E felony if:

(1) The person committing the violation has been previouslyconvicted one time for a violation of the provisions of subsection 1; or

(2) The goods, wares, merchandise, mixture, preparation orcompound with respect to which the person violated the provisions ofsubsection 1:

(I) Consists of at least 100 but less than 1,000salable units; or

(II) Has a retail value of at least $1,000 but lessthan $10,000.

(b) A category D felony if:

(1) The person committing the violation has been previouslyconvicted two or more times for a violation of the provisions ofsubsection 1; or

(2) The goods, wares, merchandise, mixture, preparation orcompound with respect to which the person violated the provisions ofsubsection 1:

(I) Consists of at least 1,000 salable units; or

(II) Has a retail value of at least $10,000.

4. For the purposes of this section, in accordance with theprovisions of NRS 47.230 , it may bereasonably inferred that a person intends to sell goods, wares,merchandise, a mixture, a preparation or a compound if the personknowingly possesses at least 26 salable units of the goods, wares,merchandise, mixture, preparation or compound.

5. As used in this section, “retail value” means:

(a) If the item that is identified by a label, trademark, term,design, device or form of advertisement in violation of subsection 1 is acomponent of a finished product with multiple components, the price atwhich the person in violation of subsection 1 regularly sells thefinished product; or

(b) For any other item that is identified by a label, trademark,term, design, device or form of advertisement in violation of subsection1, the price at which the person in violation of subsection 1 regularlysells the item.

[1911 C&P § 427; RL § 6692; NCL § 10379]—(NRS A 1999, 1139 ) Every personwho shall for himself, or on behalf of any other person, corporation,association or union, procure the filing of any label, trademark, term,design, device or form of advertisement, by any fraudulent means, shallbe guilty of a misdemeanor.

[1911 C&P § 428; RL § 6693; NCL § 10380]

1. Except as otherwise provided in subsection 5, it is unlawfulfor a person to, without the consent of the owner or lessee of a motionpicture theater, knowingly operate an audiovisual recording function ofany device in the motion picture theater with the intent to record amotion picture that is being exhibited in that theater.

2. Unless a greater penalty is imposed by a specific statute, aperson who violates the provisions of subsection 1 is guilty of:

(a) For a first offense, a misdemeanor; and

(b) For a second or any subsequent offense, a category D felony andshall be punished as provided in NRS 193.130 .

3. An owner or lessee of a motion picture theater and anauthorized agent or employee of an owner or lessee of a motion picturetheater who has reason to believe that a person has operated anaudiovisual recording function of any device in the motion picturetheater in violation of subsection 1 may take the person into custody anddetain him, on the premises of the motion picture theater, in areasonable manner and for a reasonable length of time, for the purpose ofinforming a peace officer of the circumstances of such detention. Theowner, lessee, agent or employee is presumed to have reason to believethat a person has operated an audiovisual recording function of anydevice in violation of subsection 1 if the owner, lessee, agent oremployee observed the person aiming the device at a screen or othersurface while a motion picture was being exhibited on the screen or othersurface. Such taking into custody and detention by an owner, lessee,agent or employee does not render the owner, lessee, agent or employeecriminally or civilly liable for false arrest, false imprisonment,slander or unlawful detention unless the taking into custody anddetention are unreasonable under all the circumstances.

4. An owner, lessee, agent or employee is not entitled to theimmunity from liability provided for in this section unless there isdisplayed in a conspicuous place on the premises of the motion picturetheater a notice in boldface type clearly legible and in substantiallythe following form:

It is a crime to record a movie in this theater. If the owner orlessee of the theater or his employee or agent has reason to believe thata person is recording a movie in this theater, he may detain the personon the premises of the theater for the purpose of notifying a peaceofficer. Violators of this crime are subject to arrest and prosecution.NRS 205.216 .

5. This section does not prevent a federal, state or localgovernmental agency or officer thereof who is engaged in any lawfulactivity related to an investigation, protecting the public, enforcingthe laws or gathering information from operating any audiovisualrecording function of any device in a motion picture theater as part ofthat lawful activity.

6. As used in this section:

(a) “Audiovisual recording function” means a function which iscapable of recording or transmitting a motion picture or any part thereofby means of any technology now known or later developed.

(b) “Motion picture theater” means a movie theater, screening roomor other venue that is used primarily for the exhibition of a motionpicture.

(Added to NRS by 2005, 525 )

1. Except as otherwise provided in subsection 3, it is unlawfulfor any person, firm, partnership, corporation or association knowinglyto:

(a) Transfer or cause to be transferred any sounds recorded on aphonograph record, disc, wire, tape, film or other article on whichsounds are recorded onto any other phonograph record, disc, wire, tape,film or article; or

(b) Sell, distribute, circulate, offer for sale, distribution orcirculation, possess for the purpose of sale, distribution orcirculation, or cause to be sold, distributed, circulated, offered forsale, distribution or circulation, or possessed for sale, distribution orcirculation, any article or device on which sounds have been transferredwithout the consent of the person who owns the master phonograph record,master disc, master tape or other device or article from which the soundsare derived.

2. It is unlawful for any person, firm, partnership, corporationor association to sell, distribute, circulate, offer for sale,distribution or circulation or possess for the purposes of sale,distribution or circulation, any phonograph record, disc, wire, tape,film or other article on which sounds have been transferred unless thephonograph record, disc, wire, tape, film or other article bears theactual name and address of the transferor of the sounds in a prominentplace on its outside face or package.

3. This section does not apply to any person who transfers orcauses to be transferred any sounds intended for or in connection withradio or television broadcast transmission or related uses, for archivalpurposes or solely for the personal use of the person transferring orcausing the transfer and without any compensation being derived by theperson from the transfer.

4. A person who violates the provisions of this section shall bepunished:

(a) For the first offense, for a category D felony as provided inNRS 193.130 .

(b) For a subsequent offense, for a category C felony as providedin NRS 193.130 .

(Added to NRS by 1973, 1121; A 1979, 1443; 1995, 1220)

LARCENY As used in NRS 205.2175 to 205.2707 , inclusive, unless the context otherwiserequires, the words and terms defined in NRS 205.218 to 205.2195 , inclusive, have the meanings ascribed tothem in those sections.

(Added to NRS by 1997, 339) “Domesticatedanimals” means all domesticated animals other than livestock.

(Added to NRS by 1997, 339) “Domesticated birds”means all poultry and domesticated fowl or birds.

(Added to NRS by 1997, 339) “Livestock” means:

1. All cattle or animals of the bovine species;

2. All horses, mules, burros and asses or animals of the equinespecies;

(b) One or more domesticated animals or domesticated birds, with anaggregate value of $250 or more, owned by another person.

4. With the intent to defraud, steal, appropriate or preventidentification:

(a) Marks or brands, causes to be marked or branded, alters ordefaces a mark or brand, or causes to be altered or defaced a mark orbrand upon one or more head of livestock owned by another person;

(b) Sells or purchases the hide or carcass of one or more head oflivestock owned by another person that has had a mark or brand cut out orobliterated;

(c) Kills one or more head of livestock owned by another person butrunning at large, whether or not the livestock is marked or branded; or

(d) Kills one or more domesticated animals or domesticated birds,with an aggregate value of $250 or more, owned by another person butrunning at large, whether or not the animals or birds are marked orbranded.

1. Unless a greater penalty is imposed by a specific statute, aperson who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisionsof this section.

2. If the value of the property involved in the grand larceny isless than $2,500, the person who committed the grand larceny is guilty ofa category C felony and shall be punished as provided in NRS 193.130.

3. If the value of the property involved in the grand larceny is$2,500 or more, the person who committed the grand larceny is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.

4. In addition to any other penalty, the court shall order theperson who committed the grand larceny to pay restitution.

5. If the grand larceny involved a sale in violation of subsection3 or 4 of NRS 205.220 , all proceedsfrom the sale are subject to forfeiture.

(Added to NRS by 1997, 339)

1. A person who intentionally steals, takes and carries away afirearm owned by another person commits grand larceny of a firearm.

2. A person who commits grand larceny of a firearm is guilty of acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.

3. In addition to any other penalty, the court shall order theperson who committed the grand larceny of the firearm to pay restitution.

(Added to NRS by 1997, 340)

1. A person who intentionally steals, takes and carries away,drives away or otherwise removes a motor vehicle owned by another personcommits grand larceny of a motor vehicle.

2. Except as otherwise provided in subsection 3, a person whocommits grand larceny of a motor vehicle is guilty of a category C felonyand shall be punished as provided in NRS 193.130 .

3. If the prosecuting attorney proves that the value of the motorvehicle involved in the grand larceny is $2,500 or more, the person whocommitted the grand larceny of the motor vehicle is guilty of a categoryB felony and shall be punished by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than10 years, and by a fine of not more than $10,000.

4. In addition to any other penalty, the court shall order theperson who committed the grand larceny of the motor vehicle to payrestitution.

(Added to NRS by 1997, 340)

1. All state, county, city and township peace and law enforcementofficers are empowered and directed to pursue, apprehend and arrestwhenever or wherever, irrespective of county boundaries within the State,a person who commits grand larceny in violation of subsection 3 or 4 ofNRS 205.220 .

2. Upon apprehension and arrest of a person pursuant to subsection1, the arresting officer shall take the person before the nearest or mostaccessible magistrate without unnecessary delay.

(1) Personal goods or property, with a value of less than$250, owned by another person;

(2) Bedding, furniture or other property, with a value ofless than $250, which the person, as a lodger, is to use in or with hislodging and which is owned by another person; or

(3) Real property, with a value of less than $250, that theperson has converted into personal property by severing it from realproperty owned by another person.

(b) Intentionally steals, takes and carries away, leads away,drives away or entices away one or more domesticated animals ordomesticated birds, with an aggregate value of less than $250, owned byanother person.

2. A person who commits petit larceny is guilty of a misdemeanor.In addition to any other penalty, the court shall order the person to payrestitution.

1. The value of property involved in a larceny offense shall bedeemed to be the highest value attributable to the property by anyreasonable standard.

2. The value of property involved in larceny offenses committed byone or more persons pursuant to a scheme or continuing course of conductmay be aggregated in determining the grade of the larceny offenses.

(Added to NRS by 1997, 340)

Bonds, promissory notes, banknotes, bills of exchange, or other bills,orders, drafts, checks, travelers’ checks, money orders, receipts orcertificates, or warrants for or concerning money, goods or property,due, or to become due, or to be delivered, or any public security issuedby the United States or by this state, and any deed or writing containinga conveyance of land or valuable contract, in force, or any release ordefeasance, or any other instrument whatever, shall be consideredpersonal goods, of which larceny may be committed; and the money duethereon, or secured thereby and remaining unsatisfied, or which, in anyevent or contingency, might be due or collectible thereon, or the valueof the property transferred or affected thereby, as the case may be,shall be deemed the value of the article stolen.

[1911 C&P § 380; RL § 6645; NCL § 10332]—(NRS A 1973, 175)

It shall be no defense to a prosecution for larceny that the accused wasentitled to a commission out of the money or property appropriated ascompensation for collecting or receiving the same for or on behalf of theowner thereof, or that the money or property appropriated was partly theproperty of another and partly the property of the accused; but it shallnot be larceny for any bailee, factor, pledgee, servant, attorney, agent,employee or trustee, executor, administrator, guardian, officer or otherperson to retain his reasonable collection fee or charges.

[1911 C&P § 387; RL § 6652; NCL § 10339]

1. A person who, under circumstances not amounting to robbery,with the intent to steal or appropriate to his own use, takes propertyfrom the person of another, without his consent, is guilty of:

(a) If the value of the property taken is less than $2,500, acategory C felony and shall be punished as provided in NRS 193.130 ; or

(b) If the value of the property taken is $2,500 or more, acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.

2. In addition to any other penalty, the court shall order theperson to pay restitution.

3. The court shall not grant probation to or suspend the sentenceof any person convicted of violating subsection 1 if the person from whomthe property was taken has any infirmity caused by age or other physicalcondition.

1. It is unlawful for any person, in using any lawful vendingmachine, coin box, telephone or other receptacle designed to receive orbe operated by lawful coin of the United States of America in furtheranceof or in connection with the sale, use or enjoyment of property orservice:

(a) To use other than lawful coin, legal tender of the UnitedStates of America, or coin not of the same denomination as the coinintended to be used in such device; or

(b) To use or have on his person any cheating or thieving device tofacilitate removing from any lawful vending machine, coin box, telephoneor other receptacle any part of the contents thereof.

2. Every person who violates any of the provisions of this sectionis guilty of a gross misdemeanor.

(Added to NRS by 1973, 446)

1. A person who intentionally steals, takes and carries awayproperty of the value of $250 or more from vending machines within aperiod of 1 week is guilty of:

(a) If the value of the property taken is less than $2,500, acategory C felony and shall be punished as provided in NRS 193.130 ; or

(b) If the value of the property taken is $2,500 or more, acategory B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and by a fine of not more than $10,000.

2. In addition to any other penalty, the court shall order theperson to pay restitution.

3. In determining the value of the property taken, the cost ofrepairing damaged vending machines and replacing any machine, ifnecessary, must be added to the value of the property.

(Added to NRS by 1985, 710; A 1989, 1434; 1995, 1222; 1997, 343)

MOTOR VEHICLES As used in NRS 205.2715 , 205.273 and 205.274 , the word “owner” means aperson having the lawful use or control or the right to the use andcontrol of a vehicle under a lease or otherwise for a period of 10 ormore successive days.

(Added to NRS by 1963, 886; A 1969, 531; 1975, 143)

1. Every person who takes and carries away or drives away thevehicle of another without the intent to permanently deprive the ownerthereof but without the consent of the owner of such vehicle is guilty ofa gross misdemeanor.

2. Every person who is in possession of a vehicle without theconsent of the owner of such vehicle may reasonably be inferred to havetaken and carried away or driven away the vehicle.

3. “Vehicle” as used in this section means every device in, uponor by which any person or property is or may be transported or drawn upona public highway, waterway or airway, excepting devices moved by humanpower or used exclusively upon stationary rails or tracks.

(Added to NRS by 1973, 1686; A 1983, 718)

1. A person commits an offense involving a stolen vehicle if theperson:

(a) With the intent to procure or pass title to a motor vehiclewhich he knows or has reason to believe has been stolen, receives ortransfers possession of the vehicle from or to another person; or

(b) Has in his possession a motor vehicle which he knows or hasreason to believe has been stolen.

2. The provisions of subsection 1 do not apply to an officer ofthe law if the officer is engaged in the performance of his duty as anofficer at the time of the receipt, transfer or possession of the stolenvehicle.

3. Except as otherwise provided in subsection 4, a person whoviolates the provisions of subsection 1 is guilty of a category C felonyand shall be punished as provided in NRS 193.130 .

4. If the prosecuting attorney proves that the value of thevehicle involved is $2,500 or more, the person who violated theprovisions of subsection 1 is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years, and by afine of not more than $10,000.

5. In addition to any other penalty, the court shall order theperson to pay restitution.

6. For the purposes of this section, the value of a vehicle shallbe deemed to be the highest value attributable to the vehicle by anyreasonable standard.

1. Any person who shall individually or in association with one ormore other persons willfully break, injure, tamper with or remove anypart or parts of any vehicle for the purpose of injuring, defacing ordestroying such vehicle, or temporarily or permanently preventing itsuseful operation, or for any purpose against the will or without theconsent of the owner of such vehicle, or who shall in any mannerwillfully or maliciously interfere with or prevent the running oroperation of such vehicle, shall be guilty of a public offenseproportionate to the value of the loss resulting therefrom.

2. Any person who shall without the consent of the owner or personin charge of a vehicle climb into or upon such vehicle with the intent tocommit any crime, malicious mischief, or injury thereto, or who while avehicle is at rest and unattended shall attempt to manipulate any of thelevers, starting crank or other starting device, brakes or othermechanism thereof, or to set such vehicle in motion, shall be guilty of amisdemeanor; but the foregoing provisions shall not apply when any suchact is done in an emergency in furtherance of public safety orconvenience or by or under the direction of an officer in the regulationof traffic or performance of any other official duty.

(Added to NRS by 1961, 269; A 1967, 501)

1. It is unlawful for any person:

(a) To throw any stone, rock, missile or any substance at anybicycle, or at any motorbus, truck or other motor vehicle; or

(b) Wrongfully to injure, deface or damage any bicycle, or anymotorbus, truck or other motor vehicle, or any part thereof.

2. Any person who violates any of the provisions of subsection 1is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the propertydamaged and in no event less than a misdemeanor.

(Added to NRS by 1971, 722; A 1979, 157; 1991, 2232)

1. A person who owns or operates a building or other premisesshall not knowingly allow a motor vehicle or part of a motor vehicle thatis illegally obtained by theft, fraud or conspiracy to defraud to bealtered, destroyed, disassembled, reassembled or stored at the buildingor premises for the purpose of:

(a) Defacing, destroying or altering the identity of the motorvehicle or the part of a motor vehicle, including, without limitation,the identification number, to misrepresent the identity of or prevent theidentification of the motor vehicle or the part; or

(b) Selling or disposing of the motor vehicle or the part of amotor vehicle.

2. A person who violates the provisions of subsection 1 is guiltyof a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fineof not more than $50,000.

3. As used in this section, “motor vehicle” has the meaningascribed to it in NRS 482.075 .

(Added to NRS by 1999, 2059 )

1. A person, other than a party to the lease contract, retailinstallment contract or security agreement, for compensation or someother consideration, shall not transfer or assign, or purport to transferor assign, any right or interest in a motor vehicle that is subject to alease contract, retail installment contract or security agreement theterms of which prohibit the transfer or assignment of any right orinterest in the motor vehicle to any person who is not a party to thecontract or agreement.

2. A person shall not assist, cause or arrange for a person toviolate the provisions of subsection 1.

3. This section does not affect the enforceability of anyprovision of any lease contract, retail installment contract, securityagreement or direct loan agreement by any party to the contract oragreement.

4. In addition to any other penalty, a person who violates theprovisions of this section is guilty of a gross misdemeanor.

5. As used in this section:

(a) “Buyer” means a person who buys or hires a motor vehiclepursuant to a retail installment contract.

(b) “Direct loan agreement” means an agreement between a lender anda purchaser by which the lender has advanced money pursuant to a loansecured by a motor vehicle which the purchaser has purchased.

(c) “Lease contract” means a contract for or in contemplation of alease or bailment for the use of a motor vehicle, and the purchase ofservices incidental to the lease or bailment, by a natural person for aterm exceeding 4 months, primarily for personal, family, household,business or commercial purposes.

(d) “Lessor” means a person who is engaged in the business ofleasing, offering to lease or arranging the lease of a motor vehicleunder a lease contract. The term includes a bailor.

(e) “Motor vehicle” means a motor vehicle which is required to beregistered pursuant to chapter 482 of NRS.

(f) “Purchaser” has the meaning ascribed to it in NRS 104.1201.

(g) “Retail installment contract” means a retail installmentcontract as defined in NRS 97.105 pursuant to which the title to or lien upon a motor vehicle, which is thesubject matter of the retail installment transaction, is retained ortaken by a seller from a buyer as security for the buyer’s obligation.

(h) “Retail installment transaction” means a transaction in which abuyer purchases a motor vehicle from a seller pursuant to a retailinstallment contract which provides for a finance charge and under whichthe buyer agrees to pay the total of payments in one or moreinstallments. As used in this paragraph:

(1) “Amount financed” means the cash sale price of the motorvehicle which is the subject matter of a retail installment contract lessthe amount of the buyer’s down payment in money or goods, or both, plusthe amounts, if any, included therein, if a separate identified charge ismade therefor and stated in the contract, for insurance and official fees.

(2) “Finance charge” means the cost of credit indicated in adollar amount. The term includes any charge payable directly orindirectly by the buyer and imposed directly or indirectly by the selleras an incident to or a condition of the extension of credit. The termdoes not include any charge of a type payable in a comparable cashtransaction.

(a) If the value of the property is less than $250, is guilty of amisdemeanor;

(b) If the value of the property is $250 or more but less than$2,500, is guilty of a category C felony and shall be punished asprovided in NRS 193.130 ; or

(c) If the value of the property is $2,500 or more or if theproperty is a firearm, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years, and by afine of not more than $10,000.

3. In addition to any other penalty, the court shall order theperson to pay restitution.

4. A person may be prosecuted and convicted pursuant to thissection whether or not the principal is or has been prosecuted orconvicted.

5. Possession by any person of three or more items of the same ora similar class or type of personal property on which a permanentlyaffixed manufacturer’s serial number or manufacturer’s identificationnumber has been removed, altered or defaced, is prima facie evidence thatthe person has violated this section.

6. For the purposes of this section, the value of the propertyinvolved shall be deemed to be the highest value attributable to theproperty by any reasonable standard.

7. As used in this section, “stolen property” means property thathas been taken from its owner by larceny, robbery, burglary,embezzlement, theft or any other offense that is a crime againstproperty, whether or not the person who committed the taking is or hasbeen prosecuted or convicted for the offense.

[1911 C&P § 383; A 1951, 29]—(NRS A 1967, 502; 1971, 925; 1979,561, 1445; 1989, 1434; 1995, 13, 1223, 1323; 1997, 344; 1999, 402 ) All propertyobtained by larceny, robbery, burglary or embezzlement and found in thepossession of the thief or embezzler thereof, or in the possession of anyreceiver or wrongful possessor of stolen property, shall be restored tothe owner.

[1911 C&P § 385; A 1935, 370; 1931 NCL § 10337]—(NRS A 1971, 926)

The officer arresting any person charged as principal or accessory inany robbery or larceny shall use reasonable diligence to secure theproperty alleged to have been stolen, and after seizure shall beanswerable therefor while it remains in his hands, and shall annex aschedule thereof to his return of the warrant. Whenever the districtattorney shall require such property for use as evidence upon theexamination or trial, such officer, upon his demand, shall deliver it tohim and take his receipt therefor, after which such district attorneyshall be answerable for the same.

[1911 C&P § 386; RL § 6651; NCL § 10338]

EMBEZZLEMENT

1. Any bailee of any money, goods or property, who converts it tohis own use, with the intent to steal it or to defraud the owner orowners thereof and any agent, manager or clerk of any person,corporation, association or partnership, or any person with whom anymoney, property or effects have been deposited or entrusted, who uses orappropriates the money, property or effects or any part thereof in anymanner or for any other purpose than that for which they were depositedor entrusted, is guilty of embezzlement, and shall be punished in themanner prescribed by law for the stealing or larceny of property of thekind and name of the money, goods, property or effects so taken,converted, stolen, used or appropriated.

2. The value of all the money, goods, property or effectsmisappropriated in separate acts of embezzlement must be combined for thepurpose of imposing punishment for the offense charged if:

(a) The separate acts were committed against the same person within6 months before the offense;

(b) None of the individual acts is punishable as a felony; and

(c) The cumulative value of all the money, goods, property andeffects misappropriated is sufficient to make the offense punishable as afelony.

3. Any use of the money, goods or property by any bailee thereof,other than that for which it was borrowed, hired, deposited, carried,received or collected, is prima facie evidence of conversion and ofintent to steal the same and defraud the owner or owners thereof.

4. The term “bailee,” as used in this section, means all personswith whom any money, goods or property has been deposited, all persons towhom any goods or property has been loaned or hired, all persons to whomany goods or property has been delivered, and all persons who are, eitheras agent, collector or servant, empowered, authorized or entrusted tocarry, collect or receive any money, goods or property of another.

[1911 C&P § 388; RL § 6653; NCL § 10340]—(NRS A 1985, 978) If any clerk,apprentice, servant, or any other person whatsoever, whether bound orhired, to whom any money or goods, or chattels, or other property, shallbe entrusted, for any purpose whatsoever, by his master, employer, or anyother person or persons, corporation or corporations, by whom he may beentrusted, shall withdraw himself and shall go away with the money,goods, chattels or property, or any part thereof, with the intent tosteal the same, and defraud his master, employer or any other person orpersons, corporation or corporations, of the same, or being in theservice of his master, or employer, corporation or corporations, or anyother person or firm, shall embezzle the money, goods, chattels orproperty, or any part thereof, or shall otherwise convert the same to hisown use, it shall be prima facie evidence of the intent to steal thesame, and every such person or persons so offending shall be punished inthe manner prescribed by law for feloniously stealing property of thevalue of the articles so taken, embezzled, stolen or converted.

[1911 C&P § 389; RL § 6654; NCL § 10341]

Every person having entered into a contract to supply any labor ormaterials for the value or price of which any lien might lawfully befiled upon the property of another, who shall receive the full price orconsideration thereof, or the amount of any account stated thereon, orpart payment thereon, shall be deemed to receive the same as the agent ofthe party with whom such contract was made, his successor or assign, forthe purpose of paying all claims for labor and materials supplied,insofar as the money so received will pay such claims.

[1911 C&P § 390; RL § 6655; NCL § 10342] Whenever any personwho has leased or rented a vehicle willfully and intentionally fails toreturn the vehicle to its owner within 72 hours after the lease or rentalagreement has expired, that person may reasonably be inferred to haveembezzled the vehicle.

(Added to NRS by 1963, 393; A 1983, 718)

EXTORTION A person who, with the intent to extort orgain any money or other property or to compel or induce another to make,subscribe, execute, alter or destroy any valuable security or instrumentor writing affecting or intended to affect any cause of action ordefense, or any property, or to influence the action of any publicofficer, or to do or abet or procure any illegal or wrongful act, whetheror not the purpose is accomplished, threatens directly or indirectly:

1. To accuse any person of a crime;

2. To injure a person or property;

3. To publish or connive at publishing any libel;

4. To expose or impute to any person any deformity or disgrace; or

5. To expose any secret,

Ê is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and amaximum term of not more than 10 years, or by a fine of not more than$10,000, or by both fine and imprisonment. In addition to any otherpenalty, the court shall order the person to pay restitution.

[1911 C&P § 474; RL § 6739; NCL § 10423]—(NRS A 1967, 502; 1979,1445; 1995, 1223) A person who causesa debtor to have a reasonable apprehension that a delay in repaying thedebt could result in the use of violence or other criminal means to:

1. Harm physically the debtor or any other person; or

2. Damage any property belonging to or in the custody of thedebtor,

Ê is guilty of extortionate collection of debt which is a category Bfelony and shall be punished by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than6 years, and may be further punished by a fine of not more than $10,000.In addition to any other penalty, the court shall order the person to payrestitution.

(Added to NRS by 1983, 1494; A 1995, 1223)

FRAUD AND FALSE PERSONATION Every person who shall be aparty to any fraudulent conveyance of any lands, tenements orhereditaments, goods or chattels, or any right or interest issuing out ofthe same, or to any bond, suit, judgment or execution, contract orconveyance, had, made or contrived with intent to deceive and defraudothers, or to defeat, hinder or delay creditors or others of their justdebts, damages or demands; or who, being a party as aforesaid, at anytime shall wittingly and willingly put in use, avow, maintain, justify ordefend the same, or any of them, as true and done, had, or made in goodfaith, or upon good consideration, or shall alien, assign or sell any ofthe lands, tenements, hereditaments, goods, chattels or other thingsbefore mentioned, to him or them conveyed as aforesaid, or any partthereof, is guilty of a gross misdemeanor.

[1911 C&P § 430; RL § 6695; NCL § 10382]—(NRS A 1967, 502)

1. The debtor in possession of goods subject to a securityinterest shall not sell or dispose of any such property, or remove thesame from the county wherein the goods are located at the time thesecurity agreement thereupon is executed, during the time the securityagreement is in force, without the written consent of the secured partyfirst had and obtained.

2. Any person violating any of the provisions of subsection 1,with intent to hinder, delay or defraud the secured party, shall bedeemed guilty of a gross misdemeanor.

[1911 C&P § 432; A 1935, 260; 1931 NCL § 10384] + [1911 C&P § 433;A 1935, 260; 1931 NCL § 10385]—(NRS A 1965, 928) Every person who shall sell or create a securityinterest in any personal property which is at the time subject to asecurity interest or upon which any lien has been or may lawfully befiled, without informing the purchaser or secured party before thepayment of the purchase price or money loaned of the several amounts ofall such security interests and liens known to the seller or debtor,shall be deemed to have made a false representation and shall, where noother punishment is prescribed, be punished as for a gross misdemeanor.

[1911 C&P § 434; RL § 6699; NCL § 10386]—(NRS A 1965, 928)

1. Every person being in possession thereof, who shall remove,conceal or destroy or connive at or consent to the removal, concealmentor destruction of any personal property or any part thereof, upon which asecurity interest or lease exists, in such a manner as to hinder, delayor defraud the secured party or lessor, or who, with intent to hinder,delay or defraud the secured party or lessor, shall sell, remove, concealor destroy or connive at or consent to the removal, concealment ordestruction of such property, shall be guilty of a gross misdemeanor.

2. In any prosecution under this section any allegation containinga description of the security agreement or lease by reference to the datethereof and names of the parties thereto, shall be sufficiently definiteand certain.

[1911 C&P § 435; RL § 6700; NCL § 10387]—(NRS A 1965, 928) Ifany debtor shall fraudulently remove his property or effects out of thisstate, or shall fraudulently sell, convey or assign, or conceal hisproperty or effects, with intent to defraud, hinder or delay hiscreditors of their just rights, claims or demands, he is guilty of agross misdemeanor.

[1911 C&P § 436; RL § 6701; NCL § 10388]—(NRS A 1967, 503) Any person against whom anaction is pending, or against whom a judgment has been rendered for therecovery of any personal property or effects, who shall fraudulentlyconceal, sell or dispose of such property or effects, with intent tohinder, delay or defraud the person bringing such action or recoveringsuch judgment, or shall, with such intent, remove such property oreffects beyond the limits of the county in which it may be at the time ofthe commencement of such action, or the rendering of such judgment,shall, on conviction, be punished as provided in NRS 205.350 .

[1911 C&P § 437; RL § 6702; NCL § 10389] Everyperson who shall receive any property or conveyance thereof from another,knowing that the same is transferred or delivered to him in violation of,or with the intent to violate, any provision of NRS 205.345 , 205.350 and205.355 , shall be guilty of amisdemeanor.

[1911 C&P § 438; RL § 6703; NCL § 10390] A person,after once selling, bartering or disposing of any tract of land, townlot, or executing any bond or agreement for the sale of any land or townlot, who again, knowingly and fraudulently, sells, barters or disposes ofthe same tract of land or lot, or any part thereof, or knowingly andfraudulently executes any bond or agreement to sell, barter or dispose ofthe same land or lot, or any part thereof, to any other person, for avaluable consideration, shall be punished:

1. Where the value of the property involved is $250 or more, for acategory C felony as provided in NRS 193.130 . In addition to any other penalty, the courtshall order the person to pay restitution.

2. Where the value of the property is less than $250, for amisdemeanor.

[1911 C&P § 462; RL § 6727; NCL § 10415]—(NRS A 1967, 503; 1979,1446; 1989, 1435; 1995, 1224) A personwho, by false representations of his own wealth, or mercantilecorrespondence and connections, obtains a credit thereby and defrauds anyperson of money, goods, chattels or any valuable thing, or if a personcauses or procures another to report falsely of his wealth or mercantilecharacter, and by thus imposing upon any person obtains credit andthereby fraudulently gets into the possession of goods, wares ormerchandise, or other valuable thing, is a swindler, and must besentenced to return the property fraudulently obtained, if it can bedone, or to pay restitution and shall be punished:

1. Where the amount of money or the value of the chattels, goods,wares or merchandise, or other valuable thing so obtained is $250 ormore, for a category C felony as provided in NRS 193.130 .

1. Who shall knowingly make or cause to be made, either directlyor indirectly, or through any agency whatsoever, any false statement inwriting, with intent that it shall be relied upon, respecting thefinancial condition or means or ability to pay, of himself, or of anyother person, firm or corporation, in which he is interested, or for whomor which he is acting, for the purpose of procuring in any formwhatsoever, either the delivery of personal property, the payment ofcash, the making of a loan or credit, the extension of a credit, thediscount of an account receivable, or the making, acceptance, discount,sale or endorsement of a bill of exchange, or promissory note, for thebenefit of either himself or of such person, firm or corporation;

2. Who, knowing that a false statement in writing has been made,respecting the financial condition or means or ability to pay, ofhimself, or of such person, firm or corporation, in which he isinterested, or for whom he is acting, procures, upon the faith thereof,for the benefit either of himself, or of such person, firm orcorporation, either or any of the things of benefit mentioned insubsection 1; or

3. Who, knowing that a statement in writing has been maderespecting the financial condition or means or ability to pay, of himselfor of such person, firm or corporation, in which he is interested, or forwhom he is acting, represents on a later day, either orally or inwriting, that such statement theretofore made, if then again made on thatday, would be then true, when, in fact, the statement if then made wouldbe false, and procures upon the faith thereof, for the benefit either ofhimself or such person, firm or corporation, either or any of the thingsof benefit mentioned in subsection 1,

Ê shall be guilty of a misdemeanor.

[1:193:1923; NCL § 10599]—(NRS A 1967, 503)

1. A person who knowingly and designedly by any false pretenseobtains from any other person any chose in action, money, goods, wares,chattels, effects or other valuable thing, including rent or the labor ofanother person not his employee, with the intent to cheat or defraud theother person, is a cheat, and, unless otherwise prescribed by law, shallbe punished:

(a) If the value of the thing or labor fraudulently obtained was$250 or more, for a category B felony by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not morethan 6 years, or by a fine of not more than $10,000, or by both fine andimprisonment. In addition to any other penalty, the court shall order theperson to pay restitution.

(b) If the value of the thing or labor fraudulently obtained wasless than $250, for a misdemeanor, and must be sentenced to restore theproperty fraudulently obtained, if it can be done, or tender payment forrent or labor.

2. For the purposes of this section, it is prima facie evidence ofan intent to defraud if the drawer of a check or other instrument givenin payment for:

(a) Property which can be returned in the same condition in whichit was originally received;

(b) Rent; or

(c) Labor performed in a workmanlike manner whenever a writtenestimate was furnished before the labor was performed and the actual costof the labor does not exceed the estimate,

Ê stops payment on that instrument and fails to return or offer to returnthe property in that condition, or to specify in what way the labor wasdeficient within 5 days after receiving notice from the payee that theinstrument has not been paid by the drawee.

3. The notice must be sent to the drawer by certified mail, returnreceipt requested, at the address shown on the instrument. The noticemust include a statement of the penalties set forth in this section.Return of the notice because of nondelivery to the drawer raises arebuttable presumption of the intent to defraud.

4. A notice in boldface type clearly legible and in substantiallythe following form must be posted in a conspicuous place in everyprincipal and branch office of every bank and in every place of businessin which retail selling is conducted or labor is performed for the publicand must be furnished in written form by a landlord to a tenant:

The stopping of payment on a check or other instrument given inpayment for property which can be returned in the same condition in whichit was originally received, rent or labor which was completed in aworkmanlike manner, and the failure to return or offer to return theproperty in that condition or to specify in what way the labor wasdeficient within 5 days after receiving notice of nonpayment ispunishable:

1. If the value of the property, rent or labor fraudulentlyobtained was $250 or more, as a category B felony by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximumterm of not more than 6 years, or by a fine of not more than $10,000, orby both fine and imprisonment.

2. If the value of the property, rent or labor so fraudulentlyobtained was less than $250, as a misdemeanor by imprisonment in thecounty jail for not more than 6 months, or by a fine of not more than$1,000, or by both fine and imprisonment.

[1911 C&P § 439; A 1951, 29]—(NRS A 1967, 504; 1977, 1416; 1979,1072, 1446, 1713; 1981, 2017; 1985, 251, 456; 1989, 1436; 1993, 1518;1995, 1224; 1997, 9; 1999, 397 ; 2005, 1082 ) A person who,with the intent to cheat or defraud another, designedly by color or aidof any false token or writing or other false pretense, representation orpresentation obtains the signature of any person to a written instrumentis guilty of a category D felony and shall be punished as provided in NRS193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

[1911 C&P § 440; RL § 6705; NCL § 10393]—(NRS A 1967, 505; 1995,1225) Every personwho shall maliciously or fraudulently execute or file for record anyinstrument, or put forward any claim by which the right or title ofanother to any real property is, or purports to be, transferred,encumbered or clouded, shall be guilty of a gross misdemeanor.

[1911 C&P § 441; RL § 6706; NCL § 10394] Every person who shallobtain from another the possession or use of any horse or other draftanimal without paying therefor, with intent to defraud the owner thereof,or who shall obtain the possession or use thereof, by color or aid of anyfalse or fraudulent representation, pretense, token or writing, or shallobtain credit for such use by color or aid of any false or fraudulentrepresentation, pretense, token or writing; or who, having hiredproperty, shall recklessly, willfully, wantonly or by gross negligenceinjure or destroy or cause, suffer, allow or permit the same, or any partthereof, to be injured or destroyed; or who, having hired any horse orother draft animal upon an understanding or agreement that the same shallbe ridden or driven a specified distance or to a specified place, shallwillfully and fraudulently ride or drive or cause, permit or allow thesame to be ridden or driven a longer distance, or to a different place,shall be guilty of a misdemeanor.

[1911 C&P § 442; RL § 6707; NCL § 10395]—(NRS A 1967, 505) Every person who shall,willfully or maliciously and with intent to defraud, make any falseentry, or fail to make an entry, of any material matter which it is hisduty to make, with intent to injure another, in any private book orprivate account, shall be guilty of a gross misdemeanor.

[1911 C&P § 446; RL § 6711; NCL § 10399] Every person who shallwillfully wear the badge, button, insigne or rosette of any militaryorder or of any secret order or society, or any similitude thereof; orwho shall use any such badge, button, insigne or rosette to obtain aid orassistance, or any other benefit or advantage, unless he shall beentitled to so wear or use the same under the constitution, bylaws, rulesand regulations of such order or society, shall be fined not more than$500.

[1911 C&P § 452; RL § 6717; NCL § 10405]—(NRS A 1967, 505) A personwho sells one or more tickets to any ball, benefit or entertainment, orasks or receives any subscription or promise thereof, for the benefit orpretended benefit of any person, association or order, without beingauthorized thereto by the person, association or order for whose benefitor pretended benefit it is done, shall be punished:

1. Where the amount received from such sales, subscriptions orpromises totals $250 or more, for a category C felony as provided in NRS193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Otherwise, for a misdemeanor.

[1911 C&P § 453; RL § 6718; NCL § 10406]—(NRS A 1967, 505; 1979,1447; 1989, 1437; 1995, 1226) Every personwho conducts any business or performs any act under color of, or filesfor record with any public officer, any false or fraudulent permit,license or writing, or any permit, license or writing not lawfullybelonging to such person, or who obtains any permit, license or writingby color or aid of any false representation, pretense, personation, tokenor writing is guilty of a gross misdemeanor.

[1911 C&P § 454; RL § 6719; NCL § 10407]—(NRS A 2005, 620 ) An officer, agent or otherperson in the service of a joint-stock company or corporation, domesticor foreign, who, willfully and knowingly with the intent to defraud:

1. Sells, pledges or issues, or causes to be sold, pledged orissued, or signs or executes or causes to be signed or executed, with theintent to sell, pledge or issue, or cause to be sold, pledged or issued,any certificate or instrument purporting to be a certificate or evidenceof ownership of any share of that company or corporation, or anyconveyance or encumbrance of real or personal property, contract, bond orevidence of debt, or writing purporting to be a conveyance or encumbranceof real or personal property, contract, bond or evidence of debt of thatcompany or corporation, without being first duly authorized by thecompany or corporation, or contrary to the charter or laws under whichthe company or corporation exists, or in excess of the power of thecompany or corporation, or of the limit imposed by law or otherwise uponits power to create or issue stock or evidence of debt; or

2. Reissues, sells, pledges or disposes of, or causes to bereissued, sold, pledged or disposed of, any surrendered or cancelledcertificate or other evidence of the transfer of ownership of any suchshare,

Ê is guilty of a category C felony and shall be punished as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

Every person who, with intent to affect the market price of any securityor property, shall put off, circulate or publish any false or misleadingwriting, statement or intelligence, shall be guilty of a grossmisdemeanor.

2. A person who violates any of the provisions of subsection 1shall be punished:

(a) Where the total value of the credit, food, foodstuffs, lodging,merchandise or other accommodations received from any one establishmentis $250 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, thecourt shall order the person to pay restitution.

(b) Otherwise, for a misdemeanor.

3. Proof that lodging, food, foodstuffs, merchandise or otheraccommodations were obtained by false pretense, or by false or fictitiousshow or pretense of any baggage or other property, or that the personrefused or willfully neglected to pay for the food, foodstuffs, lodging,merchandise or other accommodations, or that he gave in payment for thefood, foodstuffs, lodging, merchandise or other accommodations negotiablepaper on which payment was refused, or that he absconded without payingor offering to pay for the food, foodstuffs, lodging, merchandise orother accommodations, or that he surreptitiously removed or attempted toremove his baggage, is prima facie evidence of the fraudulent intentmentioned in this section.

4. This section does not apply where there has been an agreementin writing for delay in payment for a period to exceed 10 days.

[1:132:1939; 1931 NCL § 3333.01] + [1911 C&P § 461; A 1917, 35;1931, 391; 1949, 109; 1943 NCL § 10414]—(NRS A 1967, 505; 1979, 1448;1989, 1437; 1995, 1226) Every person who shall falselyrepresent or personate another, and, in such assumed character, shallmarry another, become bail or surety for any party, in any proceeding,civil or criminal, before any court or officer authorized to take suchbail or surety, or confess any judgment, or acknowledge the execution ofany conveyance of real property, or of any other instrument which, bylaw, may be recorded, or do any other act in the course of any suit,proceeding or prosecution, whereby the person so represented orpersonated may be made liable, in any event, to the payment of any debt,damages, cost or sum of money, or his right or interest may, in anymanner be affected, is guilty of a category C felony and shall bepunished as provided in NRS 193.130 .

[1911 C&P § 470; RL § 6735; NCL § 10419]—(NRS A 1967, 506; 1999,1344 ) Unless agreater penalty is provided pursuant to NRS 205.463 , a person who falsely represents or personatesanother, and, in such assumed character, receives any money or valuableproperty of any description intended to be delivered to the person sopersonated, shall be punished in the same manner and to the same extentas if he stole the money or property so received.

1. Every person who counterfeits, forges, alters, erases orobliterates, or who attempts to counterfeit, forge, alter, erase orobliterate any card, writing, paper or document, or any photocopy print,photostat, or other replica of any card, writing, paper or document whichis designed for the purpose of personal identification and which bearsthe age of the holder or purported holder thereof, or which, although notdesigned for the purpose of personal identification, is commonly used, orcapable of being used for the purpose of personal identification andbears the age of the holder or purported holder thereof, with theintention that such card, writing, paper or document, or photocopy print,photostat or other replica thereof, be used by a person under the age of21 years to establish falsely or misrepresent his actual age for thepurpose of purchasing alcoholic liquor or being served alcoholic liquorin a place where it is served for consumption on the premises, orentering gambling establishments, or engaging in gambling in gamblingestablishments, shall be guilty of a misdemeanor. For the purposes ofthis subsection, the cards, writings, papers or documents and thephotocopy prints or other replicas thereof which, although not designedfor the purpose of personal identification, are commonly used, or capableof being used, for the purpose of personal identification, include, butare not limited to, an operator’s license, chauffeur’s license, fishingor hunting license, selective service card, organizational membershipcard, certificate of discharge from the Armed Forces, or certificate orother record of birth.

2. Every person who sells, lends, gives away or offers, orattempts to sell, lend, give away or offer, any counterfeited, forged,altered, erased or obliterated card, writing, paper or document, orphotocopy print, photostat or other replica thereof, of the kindmentioned in subsection 1, to a person under the age of 21 years, shallbe guilty of a gross misdemeanor.

3. Every person under the age of 21 years who uses or attempts touse or proffers any counterfeited, forged, erased or obliterated card,writing, paper, document, or any photocopy print, photostat or otherreplica thereof, of the kind mentioned in subsection 1, for the purposeand with the intention of purchasing alcoholic liquor or being servedalcoholic liquor in a place where it is served for consumption on thepremises, or entering gambling establishments, or engaging in gambling ingambling establishments, or who actually purchases alcoholic liquor or isactually served alcoholic liquor in a place where it is served forconsumption on the premises, or actually enters a gambling establishmentor actually gambles therein, when the purchase, service, entering orgambling is induced or permitted by the presentation of any such card,writing, paper or document, or any photocopy print, photostat or otherreplica thereof, shall be guilty of a misdemeanor.

4. In any criminal prosecution or proceeding for the suspension orrevocation of any license based upon the violation of any law making itunlawful to sell, serve or furnish a person under the age of 21 yearsalcoholic liquor or upon violation of any law making it unlawful to allowa person under the age of 21 years to enter a gambling establishment orengage in gambling in a gambling establishment, proof that the defendantlicensee, or his agent or employee, demanded and was shown, immediatelybefore furnishing any alcoholic liquor to a person under the age of 21years or allowing a person under the age of 21 years to enter a gamblingestablishment or engage in gambling in a gambling establishment, bonafide documentary evidence of the majority and identity of the personissued by a federal, state, county or municipal government, orsubdivision or agency thereof, including, but not limited to, anoperator’s license for a motor vehicle, a registration certificate issuedunder the Federal Selective Service Act, or an identification card issuedto a member of the Armed Forces, is a defense to the prosecution orproceeding for the suspension or revocation of any license.

UNLAWFUL ACTS REGARDING PERSONAL IDENTIFYING INFORMATION As used in NRS 205.461 to 205.4657 , inclusive, unless the context otherwiserequires, the words and terms defined in NRS 205.4611 to 205.4629 , inclusive, have the meanings ascribed tothem in those sections.

(Added to NRS by 2003, 1355 ; A 2005, 1101 , 2498 ) “Artificial person”means any corporation, limited-liability company, limited-liabilitypartnership, limited partnership, limited-liability limited partnership,business trust or municipal corporation or any comparable entity which iscreated and existing under the laws of this State, any other state,territory or foreign government, or the Government of the United Statesand which is doing business in this State.

(Added to NRS by 2005, 2497 ) “Document” includes, withoutlimitation, a photocopy print, photostat and other replica of a document.

(Added to NRS by 2003, 1355 ) “Older person” means aperson who is 60 years of age or older.

(Added to NRS by 2005, 2497 )

1. Except as otherwise provided in subsection 2, “personalidentifying information” means any information designed, commonly used orcapable of being used, alone or in conjunction with any otherinformation, to identify a living or deceased person, including, withoutlimitation:

(a) The current or former name, driver’s license number,identification card number, social security number, checking accountnumber, savings account number, credit card number, debit card number,financial services account number, date of birth, place of employment andmaiden name of the mother of a person.

(b) The unique biometric data of a person, including, withoutlimitation, the fingerprints, facial scan identifiers, voiceprint, retinaimage and iris image of a person.

(f) The number of any professional, occupational, recreational orgovernmental license, certificate, permit or membership of a person.

(g) The number, code or other identifying information of a personwho receives medical treatment as part of a confidential clinical trialor study, who participates in a confidential clinical trial or studyinvolving the use of prescription drugs or who participates in any otherconfidential medical, psychological or behavioral experiment, study ortrial.

(h) The utility account number of a person.

2. To the extent that any information listed in subsection 1 isdesigned, commonly used or capable of being used, alone or in conjunctionwith any other information, to identify an artificial person, “personalidentifying information” includes information pertaining to an artificialperson.

(Added to NRS by 2003, 1355 ; A 2005, 2498 ) “Public body” means:

1. The State of Nevada, or any agency, instrumentality orcorporation thereof;

2. The Nevada System of Higher Education;

3. Any municipality, county, school district or other type ofdistrict, or a city or town, incorporated or unincorporated; or

4. Any other body corporate and politic comprising a politicalsubdivision of this State or acting on behalf thereof.

(Added to NRS by 2003, 1355 ) “Public employee” meansany person who is an employee or independent contractor of a public body.

(Added to NRS by 2003, 1356 ) “Public officer” means aperson who:

1. Is elected or appointed to a position which is established bythe Constitution or a statute of this state, or by a charter or ordinanceof a political subdivision of this state; or

2. Otherwise serves as an officer for a public body.

(Added to NRS by 2003, 1356 ) “Vulnerable person”means a person who:

1. Suffers from a condition of physical or mental incapacitationbecause of a developmental disability, organic brain damage or mentalillness; or

2. Has one or more physical or mental limitations that restrictthe ability of the person to perform the normal activities of dailyliving.

(Added to NRS by 2005, 2497 )

1. Except as otherwise provided in subsections 2 and 3, a personwho knowingly:

(a) Obtains any personal identifying information of another person;and

(b) Uses the personal identifying information to harm that otherperson or for any unlawful purpose, including, without limitation, toobtain credit, a good, a service or anything of value in the name of thatperson,

Ê is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and amaximum term of not more than 20 years, and may be further punished by afine of not more than $100,000.

(a) Obtains any personal identifying information of another person;and

(b) Uses the personal identifying information to avoid or delaybeing prosecuted for an unlawful act,

Ê is guilty of a category C felony and shall be punished as provided inNRS 193.130 .

3. A person who violates:

(a) Subsection 1 or 2 by obtaining and using the personalidentifying information of an older person or a vulnerable person; or

(b) Subsection 2 to avoid or delay being prosecuted for an unlawfulact that is punishable as a category A felony or category B felony,

Ê is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 3 years and amaximum term of not more than 20 years, and may be further punished by afine of not more than $100,000.

4. In addition to any other penalty, the court shall order aperson convicted of violating subsection 1 to pay restitution, including,without limitation, any attorney’s fees and costs incurred to:

(a) Repair the credit history or rating of the person whosepersonal identifying information he obtained and used in violation ofsubsection 1; and

(b) Satisfy a debt, lien or other obligation incurred by the personwhose personal identifying information he obtained and used in violationof subsection 1.

(Added to NRS by 1999, 1344 ; A 2003, 1357 ; 2005, 2499 )

1. Except as otherwise provided in subsection 2, a public officeror public employee who knowingly:

(a) Obtains any personal identifying information of another personfrom any document, file, database, source or process used by a publicbody to collect, store, maintain, transfer, reproduce, manage oradminister personal identifying information; and

(b) Uses the personal identifying information to harm that otherperson or for any unlawful purpose, including, without limitation, toobtain credit, a good, a service or anything of value in the name of thatperson,

Ê is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 5 years and amaximum term of not more than 20 years, and may be further punished by afine of not more than $100,000.

2. A public officer or public employee who violates subsection 1by obtaining and using the personal identifying information of an olderperson or a vulnerable person is guilty of a category B felony and shallbe punished by imprisonment in the state prison for a minimum term of notless than 7 years and a maximum term of not more than 20 years, and maybe further punished by a fine of not more than $100,000.

3. Except as otherwise provided in subsection 4, a public officeror public employee who knowingly:

(a) Obtains any personal identifying information of another personfrom any document, file, database, source or process used by a publicbody to collect, store, maintain, transfer, reproduce, manage oradminister personal identifying information; and

(b) Possesses, sells or transfers the personal identifyinginformation for the purpose of establishing a false status, occupation,membership, license or identity for himself or any other person,

Ê is guilty of a category C felony and shall be punished as provided inNRS 193.130 .

4. A public officer or public employee who violates subsection 3by obtaining and possessing, selling or transferring the personalidentifying information of an older person or a vulnerable person isguilty of a category B felony and shall be punished by imprisonment inthe state prison for a minimum term of not less than 1 year and a maximumterm of not more than 20 years, and may be further punished by a fine ofnot more than $100,000.

5. Except as otherwise provided in subsection 6, a public officeror public employee who knowingly aids another public officer or publicemployee to commit a violation of any provision of this section is guiltyof a category C felony and shall be punished as provided in NRS 193.130.

6. A public officer or public employee who violates subsection 5by knowingly aiding another public officer or public employee incommitting a violation of this section by obtaining the personalidentifying information of an older person or a vulnerable person isguilty of a category B felony and shall be punished by imprisonment inthe state prison for a minimum term of not less than 1 year and a maximumterm of not more than 20 years, and may be further punished by a fine ofnot more than $100,000.

7. The provisions of this section do not prohibit the possessionor use of any personal identifying information by officers of localpolice, sheriff and metropolitan police departments and by agents of theInvestigation Division of the Department of Public Safety while engagedin undercover investigations related to the lawful discharge of theirduties.

8. In addition to any other penalty, the court shall order apublic officer or public employee convicted of violating any provision ofthis section to pay restitution, including, without limitation, anyattorney’s fees and costs incurred, to:

(a) Repair the credit history or rating of the person whosepersonal identifying information the public officer or public employeeobtained and used in violation of subsection 1; and

(b) Satisfy a debt, lien or other obligation incurred by the personwhose personal identifying information the public officer or publicemployee obtained and used in violation of this section.

(Added to NRS by 2003, 1356 ; A 2005, 2499 )

1. It is unlawful for a person to possess, sell or transfer anydocument or personal identifying information for the purpose ofestablishing a false status, occupation, membership, license or identityfor himself or any other person.

2. Except as otherwise provided in subsection 3, a person who:

(a) Sells or transfers any such document or personal identifyinginformation in violation of subsection 1; or

(b) Possesses any such document or personal identifying informationin violation of subsection 1 to commit any of the crimes set forth in NRS205.085 to 205.217 , inclusive, 205.473 to 205.513 ,inclusive, or 205.610 to 205.810 , inclusive,

Ê is guilty of a category C felony and shall be punished as provided inNRS 193.130 .

3. A person who violates subsection 2 by selling or transferringthe personal identifying information of an older person or a vulnerableperson is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 1year and a maximum term of not more than 20 years, and may be furtherpunished by a fine of not more than $100,000.

4. Except as otherwise provided in this subsection and subsections2 and 3, a person who possesses any such document or personal identifyinginformation in violation of subsection 1 is guilty of a category E felonyand shall be punished as provided in NRS 193.130 . If a person possesses any such document orpersonal identifying information in violation of subsection 1 for thesole purpose of establishing false proof of age, including, withoutlimitation, establishing false proof of age to game, purchase alcoholicbeverages or purchase cigarettes or other tobacco products, the person isguilty of a misdemeanor.

5. Subsection 1 does not:

(a) Preclude the adoption by a city or county of an ordinanceprohibiting the possession of any such document or personal identifyinginformation; or

(b) Prohibit the possession or use of any such document or personalidentifying information by officers of local police, sheriff andmetropolitan police departments and by agents of the InvestigationDivision of the Department of Public Safety while engaged in undercoverinvestigations related to the lawful discharge of their duties.

1. A person who is a victim of identity theft in this State andwho has filed with a law enforcement agency a written report stating thatthe person is a victim of identity theft may apply for an identity theftpassport through any law enforcement agency.

2. A law enforcement agency that receives an application for anidentity theft passport shall submit the application and a copy of thewritten report described in subsection 1 to the Attorney General forprocessing for issuance of an identity theft passport.

3. The Attorney General, in cooperation with any law enforcementagency, may issue an identity theft passport to a person who is a victimof identity theft.

4. A person who is issued an identity theft passport pursuant tosubsection 3 may present his identity theft passport to:

(a) A law enforcement agency to help prevent the arrest ordetention of the person for an offense committed by another person usinghis personal identifying information; or

(b) A creditor to aid in the investigation of any fraudulentaccount that is opened in his name or any fraudulent charge that is madeagainst an account in his name.

5. The law enforcement agency or creditor that is presented withan identity theft passport pursuant to subsection 4 has sole discretionto accept or reject such passport. In determining whether to accept orreject the identity theft passport, the law enforcement agency orcreditor may consider the surrounding circumstances and availableinformation regarding the identity theft of the person.

6. An application for an identity theft passport submittedpursuant to this section, including any supporting documentation, is nota public record and no part of it may be released except to a lawenforcement agency in this or another state.

7. The Attorney General may adopt regulations necessary to carryout the provisions of this section.

8. The Attorney General may accept gifts, grants and donationsfrom any source for the purpose of carrying out the provisions of thissection.

9. As used in this section:

(a) “Identity theft” means a violation of the provisions of NRS205.463 , 205.464 or 205.465 .

(b) “Identity theft passport” means a card or certificate issued bythe Attorney General that identifies a person who has filed with a localor state law enforcement agency in the State of Nevada a signed writtencrime report that he is a victim of an alleged crime of identity theftand, except as otherwise provided in this section, must be given areasonable opportunity to prove to a law enforcement agency, creditor orother lawfully interested person or governmental entity that he is thevictim and not the perpetrator of any alleged crime, breach of contractor other wrongdoing normally associated with victims of the crime ofidentity theft.

(Added to NRS by 2005, 1100 )

1. A person shall not establish or possess a financial forgerylaboratory with the intent to commit any unlawful act.

2. Unless a greater penalty is provided pursuant to specificstatute, a person who violates this section is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than20 years, and may be further punished by a fine of not more than $100,000.

3. For the purposes of prosecuting a violation of this section,the prosecuting attorney may present expert testimony to provide a primafacie case that any computer, system, program or electronic or mechanicaldevice, or any combination thereof, is specifically configured for anypurpose set forth in subparagraph (1) or (2) of paragraph (b) ofsubsection 4.

4. As used in this section:

(a) “Computer” has the meaning ascribed to it in NRS 205.4735.

(b) “Financial forgery laboratory” means any computer, system,program or other electronic or mechanical device, or any combinationthereof, that is specifically configured for the purpose of unlawfully:

(1) Obtaining personal identifying information of anotherperson to commit an unlawful act; or

(Added to NRS by 2005, 2497 ) In any case in which a person isconvicted of violating any provision of NRS 205.461 to 205.4657 , inclusive, the court records must clearlyreflect that the violation was committed by the person convicted of theviolation and not by the person whose personal identifying informationforms a part of the violation.

(Added to NRS by 2005, 2497 ) A person whoviolates any provision of NRS 205.461 to 205.4657 , inclusive, may beprosecuted for the violation whether or not the person whose personalidentifying information forms a part of the violation:

1. Is living or deceased during the course of the violation or theprosecution.

2. Is an artificial person.

3. Suffers financial loss or injury as the result of the violation.

(Added to NRS by 2003, 1356 ; A 2005, 2501 ) The provisions of NRS 205.461 to 205.4657 , inclusive, do not apply to any person who,without the intent to defraud or commit an unlawful act, possesses oruses any personal identifying information of another person:

1. In the ordinary course of his business or employment; or

2. Pursuant to a financial transaction entered into with anauthorized user of a payment card who has given permission for thefinancial transaction.

(Added to NRS by 2003, 1357 )

1. In any prosecution for a violation of any provision of NRS205.461 to 205.4657 , inclusive, the State is not required toestablish and it is no defense that:

(a) An accessory has not been convicted, apprehended or identified;or

(b) Some of the acts constituting elements of the crime did notoccur in this State or that where such acts did occur they were not acrime or elements of a crime.

2. In any prosecution for a violation of any provision of NRS205.461 to 205.4657 , inclusive, the violation shall be deemed tohave been committed and may be prosecuted in any jurisdiction in thisState in which:

(a) The person whose personal identifying information forms a partof the violation currently resides or is found; or

(b) Any act constituting an element of the crime occurred,regardless of whether the defendant was every physically present in thatjurisdiction.

(Added to NRS by 2003, 1357 ; A 2005, 2502 )

PROGRAMS FOR RESTITUTION BY CERTAIN PERSONS

1. A district attorney may create within his office a program forrestitution for persons referred to the district attorney by a lawenforcement officer who has probable cause to believe the person violatedparagraph (i) of subsection 1 of NRS 205.0832 or NRS 205.130 or 205.380 .The program may be conducted by the district attorney in conjunction withthe county sheriff, police department or any other law enforcement agencyin whose jurisdiction a violation of paragraph (i) of subsection 1 of NRS205.0832 or NRS 205.130 or 205.380 has occurred, or by a private entity under contract with the districtattorney.

2. The district attorney may adopt standards for the lawenforcement agency which indicate the minimum requirements ofinvestigation by the agency for its referral of a person to the districtattorney for acceptance in the program.

3. If such a person is referred to the district attorney, thedistrict attorney shall determine if the person is appropriate foracceptance in the program. The district attorney may consider:

(a) The amount of the check or draft drawn or passed withoutsufficient money or credit to pay it in full;

(b) The prior criminal record of the person;

(c) Prior referrals of the person to the program;

(d) The number of times the person has violated paragraph (i) ofsubsection 1 of NRS 205.0832 or NRS205.130 or 205.380 ;

(e) Whether other allegations of drawing or passing checks ordrafts without sufficient money or credit to pay them in full are pendingagainst the person; and

(f) The strength of the evidence, if any, of the person’s intent todefraud the alleged victim.

4. Except as otherwise provided in NRS 205.469 , this section does not limit the authority ofthe district attorney to prosecute violations of paragraph (i) ofsubsection 1 of NRS 205.0832 or NRS205.130 or 205.380 .

(Added to NRS by 1989, 607; A 1989, 1206; 2001, 3025 )

1. After the acceptance of a person to the program forrestitution, a notice must be sent by registered or certified mail tothat person by a representative of the program.

2. The notice must contain:

(a) The date and amount of the check or draft the person is allegedto have drawn or passed;

(b) The name of the payee;

(c) The date before which the person must contact the designatedrepresentative of the program concerning the check or draft;

(d) A demand for full restitution of the face amount of the checkor draft and any fees authorized pursuant to NRS 205.469 and 205.471 ;and

(e) A statement that failure to pay restitution and fees may resultin criminal prosecution.

(Added to NRS by 1989, 607) Aperson accepted to the program for restitution must:

1. Voluntarily agree to participate in the program; and

2. Contact the designated representative of the program concerningthe check or draft on or before the date required in the notice pursuantto subsection 2 of NRS 205.467 .

(Added to NRS by 1989, 608)

1. The district attorney may enter into an agreement with a personaccepted to the program for restitution to suspend prosecution for aperiod to be determined by the district attorney, but in no case toexceed 6 months, pending the following:

(a) Completion by the person of a class conducted by the districtattorney, his designee or a private entity under contract with thedistrict attorney, which offers instruction in dealing with a checkingaccount and developing a budget;

(b) Payment by the person of the fee required to participate in theclass;

(c) Full restitution made to the alleged victim; and

(d) Full payment of the fee authorized by NRS 205.471 , if required.

2. As additional consideration for the agreement, the districtattorney shall agree not to file criminal charges if the person acceptedto the program completes the conditions of the agreement.

(Added to NRS by 1989, 608)

1. The district attorney, the designated representative of theprogram for restitution or a private entity under contract with thedistrict attorney, may collect a fee from any person who draws or passesa check or draft in violation of a provision of this chapter, if theoffice of the district attorney collects and processes the check or draft.

2. The amount of the fee must not exceed:

(a) Twenty-five dollars if the face amount of the check or draftdoes not exceed $100;

(b) Fifty dollars if the face amount of the check or draft isgreater than $100 but does not exceed $300;

(c) Seventy-five dollars if the face amount of the check or draftis greater than $300 but does not exceed $1,000;

(d) One hundred and fifty dollars if the face amount of the checkor draft is greater than $1,000 but does not exceed $2,500;

(e) Five hundred dollars if the face amount of the check or draftis greater than $2,500 but does not exceed $10,000; or

(f) Ten percent of the face amount of the check or draft if theface amount of the check or draft is greater than $10,000.

3. Money collected pursuant to this section must be deposited inthe county treasury in an account to be administered by the districtattorney. The district attorney may use the money in the account only to:

(a) Carry out the purposes of NRS 205.466 to 205.472 ,inclusive;

(b) Defray the cost of:

(1) A program of instruction in managing a checking accountand developing a budget; or

(2) Any other program of education or instruction designedto prevent the drawing or passing of a check or draft in violation of theprovisions of this chapter; and

(c) Assist a victim of a crime. As used in this paragraph, “victim”has the meaning ascribed to it in NRS 176.015 .

(Added to NRS by 1989, 608; A 1997, 177) No statementmade by a person referred to the program for restitution in connectionwith the determination of his eligibility for participation in theprogram and no statement made or information given by that person whileparticipating in the program is admissible in any civil or criminalaction or proceeding.

(Added to NRS by 1989, 608)

UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES As used in NRS 205.473 to 205.513 ,inclusive, unless the context otherwise requires, the words and termsdefined in NRS 205.4732 to 205.476, inclusive, have the meanings ascribedto them in those sections.

(Added to NRS by 1983, 1203; A 1991, 50; 1999, 2707 ; 2001, 1240 ) “Access” means to intercept,instruct, communicate with, store data in, retrieve from or otherwisemake use of any resources of a computer, network or data.

(Added to NRS by 1991, 49) “Computer” means an electronicdevice which performs logical, arithmetic and memory functions bymanipulations of electronic or magnetic impulses and includes allequipment related to the computer in a system or network.

(Added to NRS by 1983, 1203) [Effective throughDecember 31, 2006.]

1. “Computer contaminant” means any data, information, image,program, signal or sound that is designed or has the capability to:

(b) Cause to be contaminated, corrupted, consumed, damaged,destroyed, disrupted, modified, recorded or transmitted,

Ê any other data, information, image, program, signal or sound containedin a computer, system or network without the knowledge or consent of theperson who owns the other data, information, image, program, signal orsound or the computer, system or network.

2. The term includes, without limitation:

(a) A virus, worm or Trojan horse; or

(b) Any other similar data, information, image, program, signal orsound that is designed or has the capability to prevent, impede, delay ordisrupt the normal operation or use of any component, device, equipment,system or network.

(b) Cause to be contaminated, corrupted, consumed, damaged,destroyed, disrupted, modified, recorded or transmitted,

Ê any other data, information, image, program, signal or sound containedin a computer, system or network without the knowledge or consent of theperson who owns the other data, information, image, program, signal orsound or the computer, system or network.

2. The term includes, without limitation:

(a) A virus, worm or Trojan horse;

(b) Spyware that tracks computer activity and is capable ofrecording and transmitting such information to third parties; or

(c) Any other similar data, information, image, program, signal orsound that is designed or has the capability to prevent, impede, delay ordisrupt the normal operation or use of any component, device, equipment,system or network.

3. As used in this section:

(a) “On-line bidding” has the meaning ascribed to it in NRS 332.047.

(b) “Spyware” does not include:

(1) An Internet browser;

(2) Software for transmitting messages instantly thatinforms the user whether other users are on-line at the same time;

(3) Software that is designed to detect or prevent the useof computer contaminants;

(4) Software that is designed to detect fraudulent on-linebidding;

(5) Software that is designed to prevent children fromaccessing pornography on the Internet;

(6) Software that conducts remote maintenance or repair of acomputer or its systems;

(7) Software that is designed to manage or to performmaintenance on a network of computers;

(8) Software for media players; and

(9) Software that authenticates a user.

(Added to NRS by 1999, 2703 ; A 2005, 2509 ; 2005, 22nd Special Session, 97 , effective January 1, 2007) “Data” means a representation in anyform of information, knowledge, facts, concepts or instructions which isbeing prepared or has been formally prepared and is intended to beprocessed, is being processed or has been processed in a system ornetwork.

(Added to NRS by 1983, 1203) “Encryption” means the use ofany protective or disruptive measure, including, without limitation,cryptography, enciphering, encoding or a computer contaminant, to:

2. Cause or make any data, information, image, program, signal orsound unintelligible or unusable; or

3. Prevent, impede, delay or disrupt the normal operation or useof any component, device, equipment, system or network.

(Added to NRS by 1999, 2704 )

1. “Information service” means a service that is designed or hasthe capability to generate, process, store, retrieve, convey, emit,transmit, receive, relay, record or reproduce any data, information,image, program, signal or sound by means of any component, device,equipment, system or network, including, without limitation, by means of:

2. The term does not include a community antenna televisioncompany, as defined in NRS 711.030 .

(Added to NRS by 1999, 2704 )

1. “Internet or network site” means any identifiable site on theInternet or on a network.

2. The term includes, without limitation:

(a) A website or other similar site on the World Wide Web;

(b) A site that is identifiable through a Uniform Resource Location;

(c) A site on a network that is owned, operated, administered orcontrolled by a provider of Internet service;

(d) An electronic bulletin board;

(e) A list server;

(f) A newsgroup; or

(g) A chat room.

(Added to NRS by 2001, 1240 ) “Network” means a set of related,remotely connected devices and facilities, including more than onesystem, with the capability to transmit data among any of the devices andfacilities. The term includes, without limitation, a local, regional orglobal computer network.

(Added to NRS by 1983, 1203; A 1999, 2707 ) “Program” means an ordered set ofdata representing coded instructions or statements which can be executedby a computer and cause the computer to perform one or more tasks.

(Added to NRS by 1983, 1203) “Property” means anything ofvalue and includes a financial instrument, information, electronicallyproduced data, program and any other tangible or intangible item of value.

(d) Test, examine, restore or verify the integrity of or the normaloperation or use of any Internet or network site, electronic mailaddress, computer, system, network, component, device, equipment, data,information, image, program, signal or sound.

(Added to NRS by 2001, 1240 ) “System” means a set of relatedequipment, whether or not connected, which is used with or for a computer.

(Added to NRS by 1983, 1203)

1. Except as otherwise provided in subsection 6, a person whoknowingly, willfully and without authorization:

(a) Modifies;

(b) Damages;

(c) Destroys;

(d) Discloses;

(e) Uses;

(f) Transfers;

(g) Conceals;

(h) Takes;

(i) Retains possession of;

(j) Copies;

(k) Obtains or attempts to obtain access to, permits access to orcauses to be accessed; or

(l) Enters,

Ê data, a program or any supporting documents which exist inside oroutside a computer, system or network is guilty of a misdemeanor.

2. Except as otherwise provided in subsection 6, a person whoknowingly, willfully and without authorization:

(a) Modifies;

(b) Destroys;

(c) Uses;

(d) Takes;

(e) Damages;

(f) Transfers;

(g) Conceals;

(h) Copies;

(i) Retains possession of; or

(j) Obtains or attempts to obtain access to, permits access to orcauses to be accessed,

Ê equipment or supplies that are used or intended to be used in acomputer, system or network is guilty of a misdemeanor.

3. Except as otherwise provided in subsection 6, a person whoknowingly, willfully and without authorization:

(a) Destroys;

(b) Damages;

(c) Takes;

(d) Alters;

(e) Transfers;

(f) Discloses;

(g) Conceals;

(h) Copies;

(i) Uses;

(j) Retains possession of; or

(k) Obtains or attempts to obtain access to, permits access to orcauses to be accessed,

Ê a computer, system or network is guilty of a misdemeanor.

4. Except as otherwise provided in subsection 6, a person whoknowingly, willfully and without authorization:

(a) Obtains and discloses;

(b) Publishes;

(c) Transfers; or

(d) Uses,

Ê a device used to access a computer, network or data is guilty of amisdemeanor.

5. Except as otherwise provided in subsection 6, a person whoknowingly, willfully and without authorization introduces, causes to beintroduced or attempts to introduce a computer contaminant into acomputer, system or network is guilty of a misdemeanor.

6. If the violation of any provision of this section:

(a) Was committed to devise or execute a scheme to defraud orillegally obtain property;

(b) Caused response costs, loss, injury or other damage in excessof $500; or

(c) Caused an interruption or impairment of a public service,including, without limitation, a governmental operation, a system ofpublic communication or transportation or a supply of water, gas orelectricity,

Ê the person is guilty of a category C felony and shall be punished asprovided in NRS 193.130 , and may befurther punished by a fine of not more than $100,000. In addition to anyother penalty, the court shall order the person to pay restitution.

1. Except as otherwise provided in subsections 3 and 4, a personwho knowingly, willfully and without authorization interferes with,denies or causes the denial of access to or use of a computer, system ornetwork to a person who has the duty and right to use it is guilty of amisdemeanor.

2. Except as otherwise provided in subsections 3 and 4, a personwho knowingly, willfully and without authorization uses, causes the useof, accesses, attempts to gain access to or causes access to be gained toa computer, system, network, telecommunications device,telecommunications service or information service is guilty of amisdemeanor.

3. If the violation of any provision of this section:

(a) Was committed to devise or execute a scheme to defraud orillegally obtain property;

(b) Caused response costs, loss, injury or other damage in excessof $500; or

(c) Caused an interruption or impairment of a public service,including, without limitation, a governmental operation, a system ofpublic communication or transportation or a supply of water, gas orelectricity,

Ê the person is guilty of a category C felony and shall be punished asprovided in NRS 193.130 , and may befurther punished by a fine of not more than $100,000. In addition to anyother penalty, the court shall order the person to pay restitution.

4. It is an affirmative defense to a charge made pursuant to thissection that at the time of the alleged offense the defendant reasonablybelieved that:

(a) He was authorized to use or access the computer, system,network, telecommunications device, telecommunications service orinformation service and such use or access by the defendant was withinthe scope of that authorization; or

(b) The owner or other person authorized to give consent wouldauthorize the defendant to use or access the computer, system, network,telecommunications device, telecommunications service or informationservice.

5. A defendant who intends to offer an affirmative defensedescribed in subsection 4 at a trial or preliminary hearing must, notless than 14 days before the trial or hearing or at such other time asthe court may direct, file and serve on the prosecuting attorney awritten notice of that intent.

(Added to NRS by 1983, 1204; A 1991, 51; 1995, 1229; 1999, 2709; 2001, 1242 ) Aperson who knowingly, willfully and without authorization creates, altersor deletes any data, information, image, program, signal or soundcontained in any computer, system or network which, if done on a writtenor printed document or instrument, would constitute forgery pursuant toNRS 205.090 or 205.095 , is guilty of forgery which is a category Dfelony and shall be punished as provided in NRS 193.130 .

(Added to NRS by 1991, 49; A 1995, 1229; 1999, 2709 )

1. A person shall not willfully use or attempt to use encryption,directly or indirectly, to:

(a) Commit, facilitate, further or promote any criminal offense;

(b) Aid, assist or encourage another person to commit any criminaloffense;

(c) Conceal the commission of any criminal offense;

(d) Conceal or protect the identity of a person who has committedany criminal offense; or

(e) Delay, hinder or obstruct the administration of the law.

2. A person who violates any provision of this section:

(a) Is guilty of a gross misdemeanor, unless the encryption wasused or attempted to be used to commit a crime for which a greaterpenalty is provided by specific statute. If the encryption was used orattempted to be used to commit a crime for which a greater penalty isprovided by specific statute, the person shall be punished as prescribedby statute for that crime.

(b) Commits a criminal offense that is separate and distinct fromany other criminal offense and may be prosecuted and convicted pursuantto this section whether or not the person or any other person is or hasbeen prosecuted or convicted for any other criminal offense arising outof the same facts as the violation of this section.

(a) Is contained in the header, subject line or routinginstructions of an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin orpath of transmission of an item of electronic mail,

Ê with the intent to transmit or cause to be transmitted the item ofelectronic mail to any Internet or network site or to the electronic mailaddress of one or more recipients without their knowledge of or consentto the transmission.

2. Except as otherwise provided in subsection 7, a person shallnot willfully transmit or cause to be transmitted an item of electronicmail to any Internet or network site or to the electronic mail address ofone or more recipients without their knowledge of or consent to thetransmission if the person knows or has reason to know that the item ofelectronic mail contains or has been generated or formatted with:

(a) An Internet domain name that is being used without the consentof the person who holds the Internet domain name; or

(b) Any data, information, image, program, signal or sound that hasbeen used intentionally in the header, subject line or routinginstructions of the item of electronic mail to falsify or misrepresent:

(1) The identity of the sender; or

(2) The source, point of origin or path of transmission ofthe item of electronic mail.

3. A person shall not knowingly sell, give or otherwise distributeor possess with the intent to sell, give or otherwise distribute anydata, information, image, program, signal or sound which is designed orintended to be used to falsify or forge any data, information, image,program, signal or sound that:

(a) Is contained in the header, subject line or routinginstructions of an item of electronic mail; or

(b) Describes or identifies the sender, source, point of origin orpath of transmission of an item of electronic mail.

4. Except as otherwise provided in subsection 7, a person shallnot willfully and without authorization transmit or cause to betransmitted an item of electronic mail or any other data, information,image, program, signal or sound to any Internet or network site, to theelectronic mail address of one or more recipients or to any othercomputer, system or network:

(a) With the intent to prevent, impede, delay or disrupt the normaloperation or use of the Internet or network site, electronic mailaddress, computer, system or network, whether or not such a resultactually occurs; or

(b) Under circumstances in which such conduct is reasonably likelyto prevent, impede, delay or disrupt the normal operation or use of theInternet or network site, electronic mail address, computer, system ornetwork, whether or not such a result actually occurs.

5. Except as otherwise provided in subsection 6, a person whoviolates any provision of this section is guilty of a misdemeanor.

6. If the violation of any provision of subsection 4:

(a) Was committed to devise or execute a scheme to defraud orillegally obtain property;

(b) Caused response costs, loss, injury or other damage in excessof $500; or

(c) Caused an interruption or impairment of a public service,including, without limitation, a governmental operation, a system ofpublic communication or transportation or a supply of water, gas orelectricity,

Ê the person is guilty of a category C felony and shall be punished asprovided in NRS 193.130 , and may befurther punished by a fine of not more than $100,000. In addition to anyother penalty, the court shall order the person to pay restitution.

7. The provisions of subsections 2 and 4 do not apply to aprovider of Internet service who, in the course of providing service,transmits or causes to be transmitted an item of electronic mail onbehalf of another person, unless the provider of Internet service is theperson who first generates the item of electronic mail.

8. As used in this section, “item of electronic mail” includes,without limitation:

(a) A single item of electronic mail;

(b) Multiple copies of one or more items of electronic mail;

(c) A collection, group or bulk aggregation of one or more items ofelectronic mail;

(d) A constant, continual or recurring pattern or series of one ormore items of electronic mail; or

(e) Any other data, information, image, program, signal or soundthat is included or embedded in or attached or connected to one or moreitems of electronic mail.

(Added to NRS by 1999, 2704 ; A 2001, 1243 )

1. A provider of Internet service shall keep confidential:

(a) All information concerning a subscriber, other than theelectronic mail address of the subscriber, unless the subscriber givespermission, in writing or by electronic mail, to the provider of Internetservice to disclose the information.

(b) The electronic mail address of a subscriber, if the subscriberrequests, in writing or by electronic mail, to have the electronic mailaddress of the subscriber kept confidential. Upon receiving such arequest from a subscriber, a provider of Internet service shall keepconfidential the electronic mail address of the subscriber, unless thesubscriber gives permission, in writing or by electronic mail, to theprovider of Internet service to disclose the electronic mail address ofthe subscriber.

2. A provider of Internet service shall provide notice of therequirements of subsection 1 to each of its subscribers. The notice mustinclude, without limitation, a conspicuous statement that a subscribermay request, in writing or by electronic mail, to have the electronicmail address of the subscriber kept confidential.

3. A provider of Internet service who violates any provision ofthis section is guilty of a misdemeanor and shall be punished by a fineof not less than $50 or more than $500 for each violation.

4. As used in this section, “provider of Internet service” means aprovider of Internet service who charges a subscriber for access to theInternet or the electronic mail address of the subscriber.

(Added to NRS by 1999, 2705 )

1. It is unlawful for a person knowingly and with the intent toavoid payment in full for the service obtained to:

(a) Obtain or attempt to obtain an information service from aprovider by deception, use of an illegal device or other fraudulentmeans. The requisite intent may be inferred from the presence on theproperty or in the possession of the person of a device, not authorizedby the provider, the major purpose of which is to permit or facilitateuse of an information service without payment. The inference is rebuttedif the person shows that he purchased the device for a legitimate purpose.

(b) Give to another person technical assistance or instruction inobtaining an information service without full payment to a provider.

(c) Maintain an ability to connect, by physical, electronic orother means, with facilities, components or devices used in aninformation service for the purpose of obtaining the information servicewithout payment of all lawful compensation to the provider.

(d) Make or maintain a modification of a device installed with theauthorization of a provider to obtain any service that the person is notauthorized by the provider to obtain. The requisite intent may beinferred from proof that the standard procedure of the provider is toplace labels on its devices warning that modifying the device is aviolation of law and that the device has been modified without thepermission of the provider.

(e) Possess, manufacture, deliver, offer to deliver or advertise,without permission from the provider, a device or a kit for a devicedesigned to:

(1) Receive from the provider a service offered for sale bythe provider, whether or not the service is encoded or otherwise madeunintelligible; or

(2) Perform or facilitate an act prohibited by paragraphs(a) to (d), inclusive.

Ê Intent to violate this paragraph for commercial advantage or financialgain may be inferred if the circumstances, including, without limitation,quantity or volume, indicate possession for resale.

(f) Manufacture, import, distribute, advertise, sell, lease, oroffer to sell or lease a device or a plan or kit for a device designed toreceive an information service offered for sale by a provider, whether ornot the service is encoded or otherwise made unintelligible, without fullpayment. The requisite intent may be inferred from proof that the personhas sold, leased or offered to sell or lease any such device, plan or kitand stated or implied to the buyer or lessee that it will enable him toobtain an information service without charge.

(g) Possess any other materials for the purpose of creating adevice or a kit for a device designed to obtain an information service inany manner prohibited pursuant to this section.

2. This section does not prohibit or restrict a holder of anamateur service license issued by the Federal Communications Commissionfrom possessing or using a radio receiver or transceiver that is intendedprimarily for use in the amateur radio service and is used for lawfulpurposes.

3. A person who violates any provision of this section is guiltyof a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1993, 871; A 1997, 491; 1999, 2710 ) An employee ispresumed to have the authority to access and use:

1. A computer, system or network owned or operated by hisemployer; and

2. Any supporting document to and any data, information, image,program, signal or sound contained in such a computer, system or network,

Ê unless the presumption is overcome by clear and convincing evidence tothe contrary.

(Added to NRS by 1991, 50; A 1999, 2710 )—(Substituted in revision for NRS 205.485)

1. Any victim of a crime described in NRS 205.473 to 205.513 ,inclusive, may bring a civil action to recover:

(a) Damages for any response costs, loss or injury suffered as aresult of the crime;

2. A victim of a crime described in NRS 205.473 to 205.513 ,inclusive, may bring a civil action pursuant to this section whether ornot the person who committed the crime is or has been charged with orconvicted or acquitted of the crime or any other offense arising out ofthe facts surrounding the crime.

3. The provisions of this section do not abrogate or limit theright of a victim of a crime described in NRS 205.473 to 205.513 ,inclusive, to bring a civil action pursuant to any other statute or thecommon law.

(Added to NRS by 1999, 2706 ; A 2001, 1244 )

1. If it appears that a person has engaged in or is about toengage in any act or practice which violates any provision of NRS 205.473 to 205.513 , inclusive, the Attorney General or theappropriate district attorney may file an action in any court ofcompetent jurisdiction to prevent the occurrence or continuance of thatact or practice.

2. An injunction:

(a) May be issued without proof of actual damage sustained by anyperson.

(b) Does not preclude the criminal prosecution and punishment of aviolator.

(Added to NRS by 1991, 50; A 1999, 2710 ; 2001, 1244 )

DOCUMENTS OF TITLE Abailee, or any officer, agent or servant of a bailee, who issues or aidsin issuing a document of title, knowing that the goods covered by thedocument of title have not been received by him, or are not under hiscontrol at the time the document is issued, shall be punished:

1. Where the value of the goods purported to be covered by thedocument of title is $250 or more, for a category D felony as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

A bailee, or any officer, agent or servant of a bailee, who issues oraids in issuing a document of title, knowing that it contains any falsestatement, is guilty of a gross misdemeanor.

(Added to NRS by 1965, 927; A 1967, 510) Except as otherwise provided in chapter 104 of NRS, a bailee, or any officer, agent orservant of a bailee, who issues or aids in issuing a duplicate oradditional negotiable document of title, knowing that a former negotiabledocument for the same goods or any part of them is outstanding anduncanceled, shall be punished:

1. Where the value of the goods purported to be covered by thedocument of title is $250 or more, for a category D felony as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Where the value is less than $250, for a misdemeanor.

(Added to NRS by 1965, 927; A 1967, 510; 1979, 1450; 1989, 1439;1995, 1230) Except asprovided in chapter 104 of NRS, a bailee, orany officer, agent or servant of a bailee, who delivers goods, knowingthat they are covered by an outstanding document of title, thenegotiation of which would transfer the right to possession thereof,without obtaining the negotiable document, is guilty of a grossmisdemeanor.

(Added to NRS by 1965, 927; A 1967, 511) A warehouseman, or any officer, agent orservant of a warehouseman, in possession of goods which he owns in part,wholly or jointly, who issues a negotiable warehouse receipt therefor,without noting his ownership on the receipt, is guilty of a grossmisdemeanor.

(Added to NRS by 1965, 927; A 1967, 511) A person who, with the intent to defraud,obtains a negotiable document of title for goods to which he does nothave title, or which are subject to a security interest, and negotiatesthe document for value, without disclosing his want of title or theexistence of the security interest, shall be punished:

1. Where the value of the goods purported to be covered by thedocument of title is $250 or more, for a category D felony as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Where the value is less than $250, for a misdemeanor.

(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1439;1995, 1230) A person who, with the intent todefraud, secures the issue by a bailee of a negotiable document of title,knowing at the time of issue that any or all of the goods are not inpossession of the bailee, by inducing the bailee to believe that thegoods are in the bailee’s possession, shall be punished:

1. Where the value of the goods purported to be covered by thedocument of title is $250 or more, for a category D felony as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

2. Where the value is less than $250, for a misdemeanor.

(Added to NRS by 1965, 927; A 1967, 511; 1979, 1450; 1989, 1440;1995, 1230) A person who, with the intent to defraud,negotiates or transfers for value a document of title, which by the termsthereof represents that goods are in possession of the bailee who issuedthe document, knowing that the bailee is not in possession of the goodsor any part thereof, without disclosing this fact, shall be punished:

1. Where the value of the goods purported to be covered by thedocument of title is $250 or more, for a category D felony as provided inNRS 193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

PAYMENT CARDS, REENCODERS AND SCANNING DEVICES As used in NRS 205.601 to 205.608 ,inclusive, unless the context otherwise requires, the words and termsdefined in NRS 205.602 , 205.603 and 205.604 have the meanings ascribed to them in those sections.

2. Allows the user to obtain, purchase or receive credit, money, agood, a service or anything of value.

(Added to NRS by 2003, 1354 ) “Reencoder” means an electronicdevice that places encoded information from the magnetic strip or stripeof a payment card onto the magnetic strip or stripe of a differentpayment card.

(Added to NRS by 2003, 1354 ) “Scanning device” means ascanner, reader or any other electronic device that is used to access,read, scan, obtain, memorize or store, temporarily or permanently,information encoded on the magnetic strip or stripe of a payment card.

(Added to NRS by 2003, 1354 )

1. A person shall not:

(a) Use a scanning device to access, read, obtain, memorize orstore, temporarily or permanently, information encoded on the magneticstrip or stripe of a payment card:

(1) Without the permission of the authorized user of thepayment card; and

(2) With the intent to defraud the authorized user, theissuer of the payment card or any other person.

(b) Use a reencoder to place information encoded on the magneticstrip or stripe of a payment card onto the magnetic strip or stripe of adifferent card:

(1) Without the permission of the authorized user of thecard from which the information is being reencoded; and

(2) With the intent to defraud the authorized user, theissuer of the payment card or any other person.

2. A person who violates any provision of this section is guiltyof a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term ofnot more than 20 years, and may be further punished by a fine of not morethan $100,000.

3. In addition to any other penalty, the court shall order aperson who violates any provision of this section to pay restitution,including, without limitation, any attorney’s fees and costs incurred to:

(a) Repair the credit history or rating of each person who is avictim of the violation; and

(b) Satisfy a debt, lien or other obligation incurred by eachperson who is a victim of the violation.

(Added to NRS by 2003, 1354 )

1. A person shall not possess a scanning device or reencoder withthe intent to use the scanning device or reencoder for an unlawfulpurpose.

2. A person who violates any provision of this section is guiltyof a category C felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 2003, 1355 ) The provisions of NRS 205.601 to 205.608 ,inclusive, do not apply to any person who, without the intent to defraudor commit an unlawful act, possesses or uses a scanning device orreencoder:

1. In the ordinary course of his business or employment; or

2. Pursuant to a financial transaction entered into with anauthorized user of a payment card who has given permission for thefinancial transaction.

(Added to NRS by 2003, 1355 ) In any prosecution for aviolation of any provision of NRS 205.601 to 205.608 ,inclusive, the State is not required to establish and it is no defensethat:

1. An accessory has not been convicted, apprehended or identified;or

2. Some of the acts constituting elements of the crime did notoccur in this state or that where such acts did occur they were not acrime or elements of a crime.

(Added to NRS by 2003, 1355 )

CREDIT CARDS AND DEBIT CARDS As used in NRS 205.610 to 205.810 ,inclusive, unless the context otherwise requires, the words and termsdefined in NRS 205.620 to 205.670, inclusive, have the meanings ascribedto them in those sections.

(Added to NRS by 1971, 359; A 1977, 155; 1999, 46 ) “Cardholder” means the personor organization named on the face of a credit card or debit card to whomor for whose benefit the credit card or debit card is issued by an issuer.

(Added to NRS by 1971, 359; A 1999, 46 ) “Credit card” means anyinstrument or device, whether known as a credit card, credit plate, or byany other name, issued with or without fee by an issuer for the use ofthe cardholder in obtaining money, property, goods, services or anythingelse of value on credit.

(Added to NRS by 1971, 359) “Debit card” means anyinstrument or device, whether known as a debit card or by any other name,that is issued with or without a fee by an issuer for the use of thecardholder in obtaining money, property, goods, services or anything elseof value, subject to the issuer removing money from the checking accountor savings account of the cardholder.

(Added to NRS by 1999, 46 ) “Expiredcredit card or debit card” means a credit card or debit card that is nolonger valid because the term shown on it has elapsed.

(Added to NRS by 1971, 360; A 1999, 47 ) “Receives” or“receiving” means acquiring possession or control or accepting assecurity for a loan.

(Added to NRS by 1971, 360) “Revokedcredit card or debit card” means a credit card or debit card that is nolonger valid because permission to use it has been suspended orterminated by the issuer.

(Added to NRS by 1971, 360; A 1999, 47 ) Any person who, for the purpose of procuring the issuance ofa credit card or debit card, makes or causes to be made, either directlyor indirectly, any false statement in writing, knowing it to be false,with intent that it be relied on respecting his identity or financialcondition or the identity or financial condition of any other person,firm or corporation is guilty of a gross misdemeanor.

(Added to NRS by 1971, 360; A 1999, 47 )

1. A person who steals, takes or removes a credit card or debitcard from the person, possession, custody or control of another withoutthe cardholder’s consent or who, with knowledge that a credit card ordebit card has been so taken, removed or stolen receives the credit cardor debit card with the intent to circulate, use or sell it or to transferit to a person other than the issuer or the cardholder, is guilty of acategory D felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the courtshall order the person to pay restitution.

2. A person who possesses a credit card or debit card without theconsent of the cardholder and with the intent to circulate, use, sell ortransfer the credit card or debit card with the intent to defraud isguilty of a category D felony and shall be punished as provided in NRS193.130 . In addition to any otherpenalty, the court shall order the person to pay restitution.

3. A person who has in his possession or under his control two ormore credit cards or debit cards issued in the name of another person ispresumed to have obtained and to possess the credit cards or debit cardswith the knowledge that they have been stolen and with the intent tocirculate, use, sell or transfer them with the intent to defraud. Thepresumption established by this subsection does not apply to thepossession of two or more credit cards or debit cards used in the regularcourse of the possessor’s business or employment or where the possessionis with the consent of the cardholder.

4. The provisions of this section do not apply to a personemployed by or operating a business, including, but not limited to, abank or other financial institution, credit bureau, collection agency orcredit reporting agency, who, without the intent to defraud, lawfullyfurnishes to another person or obtains the number or other identifyingdescription of a credit card, debit card or credit account in theordinary course of that business or employment or pursuant to a financialtransaction entered into with a customer.

5. As used in this section:

(a) “Credit card” includes, without limitation, the number or otheridentifying description of a credit card or credit account.

(b) “Debit card” includes, without limitation, the number or otheridentifying description of a debit card.

(a) Sells a credit card or debit card or the number or otheridentifying description of a credit card, debit card or credit account; or

(b) Buys a credit card, debit card or the number or otheridentifying description of a credit card, debit card or credit accountfrom a person other than the issuer,

Ê is guilty of a category D felony and shall be punished as provided inNRS 193.130 .

2. The provisions of this section do not apply to a personemployed by or operating a business, including, but not limited to, abank or other financial institution, credit bureau, collection agency orcredit reporting agency, who, without the intent to defraud, lawfullyfurnishes to another person or obtains the number or other identifyingdescription of a credit card, debit card or credit account in theordinary course of that business or employment or pursuant to a financialtransaction entered into with a customer.

1. It is unlawful for a person to sell, offer to sell, orotherwise make available, without the authority of the lawful holder:

(a) A number on a telephone calling card;

(b) A personal identification number for use of a telephone callingcard;

(c) An account number; or

(d) Any other code or number,

Ê that can be used to obtain telephone service.

2. Except as otherwise provided in NRS 205.710 , any person violating the provisions ofsubsection 1 is guilty of a category D felony and shall be punished asprovided in NRS 193.130 .

(Added to NRS by 1993, 1205; A 1995, 1232) A person who, with the intent to defraud, obtainscontrol over a credit card or debit card as security for debt is guiltyof a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, thecourt shall order the person to pay restitution.

(Added to NRS by 1971, 360; A 1985, 1457; 1995, 1232; 1999, 48)

1. A person who, with the intent to defraud, falsely makes orfalsely embosses a purported credit card or debit card or utters such acredit card or debit card is guilty of a category D felony and shall bepunished as provided in NRS 193.130 . Inaddition to any other penalty, the court shall order the person to payrestitution.

2. A person, except the purported issuer, who possesses two ormore credit cards or debit cards are falsely made or falsely embossed ispresumed to have violated this section.

3. For the purpose of this section:

(a) A person “falsely makes” a credit card or debit card when healters a validly issued credit card or debit card or makes or draws, inwhole or in part, a device or instrument which purports to be the creditcard or debit card of a named issuer where the issuer did not authorizethe making or drawing.

(b) A person “falsely embosses” a credit card or debit card when,without the authorization of the named issuer, he completes a credit cardor debit card by adding any matter, except the signature of thecardholder, which the issuer requires to appear on the credit card ordebit card before the credit card or debit card can be used by acardholder.

(Added to NRS by 1971, 360; A 1979, 1451; 1995, 1232; 1999, 48) A person, except the cardholderor a person authorized by the cardholder, who signs a credit card, debitcard, sales slip, sales draft or instrument for the payment of moneywhich evidences a credit card or debit card transaction with the intentto defraud is guilty of a category D felony and shall be punished asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

1. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS205.220 , a person who, with the intentto defraud:

(a) Uses a credit card or debit card to obtain money, goods,property, services or anything of value where the credit card or debitcard was obtained or retained in violation of NRS 205.690 to 205.750 ,inclusive, or where the person knows the credit card or debit card isforged or is the expired or revoked credit card or debit card of another;

(b) Uses the number or other identifying description of a creditaccount, customarily evidenced by a credit card or the number or otheridentifying description of a debit card, to obtain money, goods,property, services or anything of value without the consent of thecardholder; or

(c) Obtains money, goods, property, services or anything else ofvalue by representing, without the consent of the cardholder, that he isthe authorized holder of a specified card or that he is the holder of acard where the card has not in fact been issued,

Ê is guilty of a public offense and shall be punished for a category Dfelony as provided in NRS 193.130 . Inaddition to any other penalty, the court shall order the person to payrestitution.

2. Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS205.220 , a person who, with the intentto defraud, uses a credit card or debit card to obtain money, goods,property, services or anything of value where the credit card or debitcard was issued in his name and which he knows is revoked or expired, orwhen he knows he does not have sufficient money or property with which topay for the extension of credit or to cover the debit from the accountlinked to his debit card, shall be punished, where the amount of money orthe value of the goods, property, services or other things of value soobtained in any 6-month period is:

(a) One hundred dollars or more, for a category D felony asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

(b) Less than $100, for a misdemeanor.

3. A person is presumed to have knowledge of the revocation of acredit card or debit card 4 days after notice of the revocation has beenmailed to him by registered or certified mail, return receipt requested,at the address set forth on the credit card or debit card or at his lastknown address. If the address is more than 500 miles from the place ofmailing, notice must be sent by airmail. If the address is locatedoutside the United States, Puerto Rico, the Virgin Islands, the CanalZone and Canada, notice may be presumed to have been received 10 daysafter the mailing.

In a criminal action for using a credit card or debit card to obtainmoney, goods, property, services or anything of value with insufficientmoney or property with which to pay for the extension of credit, withintent to defraud, that intent and the knowledge that the holder of thecredit card has insufficient money or property is presumed to exist ifpayment is refused by the issuer or other creditor when it is presentedin the usual course of business, unless within 5 days after payment isrefused by the issuer if the action involves the use of a debit card orwithin 10 days after payment is refused by the issuer if the actioninvolves the use of a credit card, the holder of the credit card pays thefull amount due plus any handling charges.

(Added to NRS by 1987, 1191; A 1999, 49 ) A person who isauthorized by an issuer to furnish money, goods, services or anythingelse of value upon presentation of a credit card or debit card by thecardholder, or an agent or employee of the authorized person, who, withthe intent to defraud, furnishes money, goods, property, services oranything else of value upon presentation of a credit card or debit cardthat the person, employee or agent knows was obtained or retained inviolation of NRS 205.690 to 205.750, inclusive, or is forged, expired orrevoked is guilty of a category D felony and shall be punished asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

(Added to NRS by 1971, 361; A 1979, 1452; 1985, 1458; 1995, 1234;1999, 50 ) A person who is authorized by anissuer to furnish money, goods, property, services or anything of valueupon presentation of a credit card or debit card by the cardholder, or anagent or employee of the authorized person, who, with the intent todefraud, misrepresents to the issuer the value of the goods he furnishesor who fails to furnish money, goods, property, services or anything elseof value which he represents in writing to the issuer that he hasfurnished is guilty of a category D felony and shall be punished asprovided in NRS 193.130 . In addition toany other penalty, the court shall order the person to pay restitution.

1. A person, except the cardholder, who possesses two or moreincomplete credit cards or debit cards with the intent to complete themwithout the consent of the issuer, or a person who, with knowledge of itscharacter, possesses machinery, plates or any other contrivance designedto produce instruments which purport to be the credit cards or debitcards of an issuer who has not consented to the preparation of suchcredit cards or debit cards is guilty of a category D felony and shall bepunished as provided in NRS 193.130 .

2. As used in this section, a credit card or debit card is“incomplete” if part of the matter, except the signature of thecardholder, required by an issuer to appear on the credit card or debitcard has not yet been stamped, embossed, imprinted or written on thecredit card or debit card.

(Added to NRS by 1971, 362; A 1985, 1459; 1995, 1234; 1999, 50)

1. A person who receives money, property, goods, services oranything of value obtained in violation of NRS 205.760 , knowing or believing that the money,property, goods, services or other things of value were so obtained, isguilty of a category D felony and shall be punished as provided in NRS193.130 .

2. A person who obtains at a discount price from a source otherthan the issuing company a ticket issued by an airline, railroad,steamship or other transportation company and acquired in violation ofNRS 205.760 under such circumstances asto cause a reasonable person to believe that the ticket was obtained inviolation of this section is presumed to know that the ticket wasobtained in violation of NRS 205.760 .

(Added to NRS by 1971, 362; A 1979, 1453; 1985, 1459; 1995, 1235;1997, 1602) In any prosecution forviolation of NRS 205.610 to 205.800, inclusive, the State is not requiredto establish and it is no defense that:

1. An accessory has not been convicted, apprehended or identified;or

2. Some of the acts constituting elements of the crime did notoccur in this state or that where such acts did occur they were not acrime or elements of a crime.

(Added to NRS by 1971, 362)

CARTS USED IN RETAIL STORES AND LAUNDRIES As used in NRS 205.830 to 205.860 ,inclusive, unless the context otherwise requires:

1. “Cart” means a small, wheeled vehicle, drawn or pushed by handwhich has a basket and which is used by customers or employees:

(a) In a retail store, to transport goods of any kind; or

(b) In a laundry or establishment for dry cleaning, to transportfabrics and the supplies necessary to clean or launder them.

2. “Premises” includes the area within a retail store, laundry orestablishment for dry cleaning and any area provided for a customer’s useto park his vehicle.

(Added to NRS by 1985, 976)

The owner of any cart shall place a sign on his premises which contains:

1. The name, address and telephone number of his business; and

2. A statement that the unauthorized removal or possession of thecart is a misdemeanor.

(Added to NRS by 1985, 977) Any person whoretrieves carts from areas not on the owner’s premises, whether as avolunteer or for compensation, must obtain a permit from the ownerauthorizing him to retrieve carts. Each vehicle used to retrieve cartsmust have a copy of the permit from the owner of the carts.

(Added to NRS by 1985, 977)

1. Any person who:

(a) Knowingly possesses a cart that has been removed from theowner’s premises;

(b) Possesses a cart with the serial numbers removed, obliteratedor altered with the intent to deprive the owner of the cart of itspossession either temporarily or permanently;

(c) Leaves or abandons a cart at a location other than the owner’spremises with the intent to deprive the owner of its possession eithertemporarily or permanently;

(d) Alters, converts or tampers with a cart; or

(e) Removes, obliterates or alters the cart’s serial numbers,

Ê is guilty of a misdemeanor.

2. This section does not apply to:

(a) The owner of the cart, his agents or employees;

(b) A customer of the retail store, laundry or establishment fordry cleaning who has written permission from the owner of the cart, hisagents or employees to possess the cart or remove it from the premises; or

(c) The operator of a service to retrieve carts if he has compliedwith NRS 205.850 .

(Added to NRS by 1985, 977)

OBTAINING CHILD CARE WITH INTENT TO DEFRAUD As used in NRS 205.880 and 205.890 ,unless the context otherwise requires:

1. “Care” includes board, laundry, lodging, teaching, incidentalmaterials and supplies, necessary articles of apparel or clothing andnecessary medical, nursing or hospital service for which a child careestablishment is liable.

2. “Child care establishment” includes any children’s home, daynursery, kindergarten, nursery school or other similar establishmenthowever designated, maintained or operated for the care of children forcompensation or hire.

(Added to NRS by 1987, 1302)

1. Any person who obtains care for any child in any child careestablishment with intent to defraud the keeper or proprietor of thatestablishment is guilty of a misdemeanor.

2. This section does not apply where there has been an agreementin writing for delay in payment for a period exceeding 10 days.

(Added to NRS by 1987, 1302) Theobtaining of care for a child in a child care establishment by means ofany false pretense or representation, knowingly made, or the refusal orwillful neglect to pay for that care, or the giving in payment for thatcare of any negotiable paper on which payment is refused, or the removalof a child from such an establishment without paying or offering to payfor the child’s care, or the surreptitious removal or attempt to remove achild from that establishment, is prima facie evidence of intent todefraud the keeper or proprietor of that establishment.

(Added to NRS by 1987, 1302)

MISCELLANEOUS CRIMES AGAINST PROPERTY

1. Any person who has unauthorized possession of a key or otherdevice used by a guest in a hotel or by the hotel to gain entrance to aroom in a hotel, under circumstances which demonstrate the person’sintent to use or to allow the use of the device in the commission of acrime is guilty of a gross misdemeanor.

2. As used in this section, “hotel” means every building used asor held out to the public to be a place where accommodations for sleepingor rooming are furnished to the public, either with or without meals.

(Added to NRS by 1987, 545)

1. Any person who without authority:

(a) Leads or attempts to lead from its uses or make use of theelectrical signal or any portion thereof from any posts, wires, towers orother materials or fixtures employed in the construction or use of anyline of a television coaxial cable or a microwave radio system;

(b) Attaches any device to a television receiver of any kind forthe purpose of intercepting or decoding the transmission of any payprogram of a multipoint distribution system in a manner not authorized bythe system; or

(c) Knowingly or willfully and for profit manufactures, distributesor sells any device, kit or plan designed to intercept or decode thetransmission of a multipoint distribution system in a manner notauthorized by the system,

Ê is guilty of a misdemeanor.

2. The provisions of this section do not apply to the interceptionby a person of any direct transmission of a television signal from acommunication satellite if the person does not charge a fee for admissionto view the television show.

1. It is unlawful for a person to obtain or attempt to obtaintelephone or telegraph service with the intent to avoid payment for thatservice by himself or to avoid payment for that service by any otherperson, by:

(a) Charging the service to an existing telephone number withoutauthority of the subscriber, to a nonexistent telephone number or to anumber associated with telephone service which is suspended or terminatedafter notice of suspension or termination has been given to thesubscriber;

(b) Charging the service to a credit card without authority of thelawful holder, to a nonexistent credit card or to a revoked or cancelled,as distinguished from expired, credit card after notice of revocation orcancellation has been given to the holder;

(c) Using a code, prearranged scheme or other similar device tosend or receive information;

(d) Rearranging, tampering with or making connection with anyfacilities or equipment, whether physically, electrically, acoustically,inductively or otherwise;

(e) Using any other deception, false token or other means to avoidpayment for the service; or

(f) Concealing, or assisting another to conceal, from any telephoneor telegraph company or from any lawful authority the existence or placeof origin or destination of any message.

2. A person who violates the provisions of this section is guiltyof a category D felony and shall be punished as provided in NRS 193.130.

3. This section applies when the service involved eitheroriginates or terminates, or both originates and terminates, in the Stateof Nevada, or when the charges for the service would have been billablein the normal course by a person, firm or corporation providing theservice in this state but for the fact that the service was obtained orattempted to be obtained by one or more of the means set forth insubsection 1.

1. It is unlawful to make or possess any instrument, apparatus ordevice or to sell, give or otherwise transfer to another or to offer oradvertise for sale any instrument, apparatus, device or information, orplans or instructions for making or assembling such equipment, withknowledge or reason to believe that it is intended to be used to obtaintelephone or telegraph service with intent to avoid payment therefor byany of the means listed in paragraph (c), (d) or (f) of subsection 1 ofNRS 205.920 , or to represent or implythat it may lawfully be so used.

2. A person who violates any of the provisions of subsection 1 isguilty of a category D felony and shall be punished as provided in NRS193.130 .

(Added to NRS by 1965, 325; A 1967, 508; 1993, 1206; 1997, 493)

1. Any person who in renting or leasing any personal propertyobtains or retains possession of such personal property by means of anyfalse or fraudulent representation, fraudulent concealment, falsepretense or personation, trick, artifice or device, including, but notlimited to, a false representation as to his name, residence, employmentor operator’s license, is guilty of larceny and shall be punished asprovided in NRS 205.2175 to 205.2707, inclusive. It is a complete defenseto any civil action arising out of or involving the arrest or detentionof any person renting or leasing personal property that anyrepresentation made by him in obtaining or retaining possession of thepersonal property is contrary to the fact.

2. Any person who, after renting or leasing any personal propertyunder an agreement in writing which provides for the return of thepersonal property to a particular place at a particular time fails toreturn the personal property to such place within the time specified, andwho, with the intent to defraud the lessor or to retain possession ofsuch property without the lessor’s permission, thereafter fails to returnsuch property to any place of business of the lessor within 72 hoursafter a written demand for the return of such property is made upon himby registered mail addressed to his address as shown in the writtenagreement, or in the absence of such address, to his last known place ofresidence, is guilty of larceny and shall be punished as provided in NRS205.2175 to 205.2707 , inclusive. The failure to return thepersonal property to the place specified in the agreement is prima facieevidence of an intent to defraud the lessor or to retain possession ofsuch property without the lessor’s permission. It is a complete defenseto any civil action arising out of or involving the arrest or detentionof any person upon whom such demand was made that he failed to return thepersonal property to any place of business of the lessor within 20 daysafter such demand.

(Added to NRS by 1971, 1017; A 1997, 345)

1. It is unlawful for a person to receive an advance fee, salary,deposit or money to obtain a loan for another unless he places theadvance fee, salary, deposit or money in escrow pending completion of theloan or a commitment for the loan.

2. Advance payments to cover reasonably estimated costs paid tothird persons are excluded from the provisions of subsection 1 if theperson making them first signs a written agreement which specifies theestimated costs by item and the estimated aggregate cost, and whichrecites that money advanced for costs will not be refunded. If anitemized service is not performed and the estimated cost thereof is notrefunded, the recipient of the advance payment is subject to thepenalties provided in subsection 3.

3. A person who violates the provisions of this section:

(a) Is guilty of a misdemeanor if the amount is less than $250;

(b) Is guilty of a gross misdemeanor if the amount is $250 or morebut less than $1,000; or

(c) Is guilty of a category D felony if the amount is $1,000 ormore and shall be punished as provided in NRS 193.130 .

1. It is unlawful for a person to enter into an agreement to actas an intermediary to hold the money of another person pursuant to anexchange of property which is or is purported to be tax free pursuant to26 U.S.C. § 1031 unless:

(a) The intermediary is a qualified intermediary as defined in 26C.F.R. § 1.1031(k)-1(g);

(b) The money is deposited in a qualified escrow account as definedin 26 C.F.R. § 1.1031(k)-1(g); and

(c) The money is held in such a manner that it may not be withdrawnfrom the escrow account without the written approval of the intermediaryand the person for whom he is holding the money.

2. A person who violates the provisions of this section is guiltyof a category D felony and shall be punished as provided in NRS 193.130.

3. In addition to any other penalty imposed, the court shall ordera person who violates subsection 1 to pay a civil penalty of not lessthan $10,000. The money so collected:

(a) Must not be deducted from any penal fine imposed by the court;

(b) Must be stated separately on the court’s docket; and

(c) Must be remitted forthwith to the Administrator of the RealEstate Division of the Department of Business and Industry.

2. Unless a greater penalty is imposed by a specific statute andexcept as otherwise provided in subsection 3, a person who violates anyprovision of subsection 1 is guilty of a category E felony and shall bepunished as provided in NRS 193.130 .

3. Unless a greater penalty is imposed by a specific statute, aperson who violates any provision of subsection 1 and who possesses 15 ormore fraudulent sales receipts or inventory pricing labels is guilty of acategory D felony and shall be punished as provided in NRS 193.130 .

4. As used in this section, “inventory pricing label” includes,without limitation, any written or electronic record or label used by aretailer to identify, inventory or price any product or item it offersfor sale.

3. A person who violates any provision of this section is guiltyof a category D felony and shall be punished as provided in NRS 193.130.

4. As used in this section:

(a) “Theft detection device deactivator” includes, withoutlimitation, any tool or device designed to allow, or capable of allowing,the deactivation or removal of a theft detection device from anymerchandise.

(b) “Theft detection shielding device” includes, withoutlimitation, any laminated or coated bag or device intended to shieldmerchandise from detection by an electronic or magnetic theft detector.

(Added to NRS by 2001, 834 )

CIVIL LIABILITY FOR LOSS OR DAMAGE TO PROPERTY

1. A person who is convicted of violating any provision of NRS205.060 or 205.2175 to 205.2707 , inclusive, is civilly liable for the valueof any property stolen and not recovered in its original condition. Thevalue of the property must be determined by its retail value or fairmarket value at the time the crime was committed, whichever is greater.

2. A person who is convicted of any other crime involving damageto property is civilly liable for the amount of damage done to theproperty.

3. The prosecutor shall notify the victim concerning thedisposition of the criminal charges against the defendant within 30 daysafter the disposition. The notice must be sent to the last known addressof the victim.

4. An order of restitution signed by the judge in whose court theconviction was entered shall be deemed a judgment against the defendantfor the purpose of collecting damages.

5. Nothing in this section prohibits a victim from recoveringadditional damages from the defendant.

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